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Advice On How To Take Someone To Court

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SkyTud | 14:19 Mon 15th Mar 2021 | Law
13 Answers
I was in a controlling and Coercive behaviour relationship and want to take ex to court as police are useless
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What country are you in? Has a crime been committed? Assuming you could bring a civil case what would you hope to achieve?
What are you seeking from the Court?
Question Author
I'm in the UK. The crime is Controlling and Conceive behaviour and false arrest. There is also a £9000 debt. I hope to achieve for my ex to be taken to court and punished
Are you rich? Civil actions can cost a lot of money. I am not sure that people get sent to prison as the result of a civil action. If he owes you the 9000, you might be able to take legal action to recover it but has he got it? Because if he hasn't then whatever the court says you will have a real struggle to get it back.
Question Author
No not rich. The crime he has committed is Controlling and Conceive behaviour and false arrest. Both are crimes in UK. The debt I know is small claims court.
what punishment do you want?
It is possible to bring a private prosecution for a criminal offence. I think the first step would be to ensure that the police/CPS are unwilling to prosecute. Then get the advice of a solicitor on whether you have a case that stands a chance of success. I think you will need more evidence than simply your word against his.
yup you will....a shedload of money
Question Author
Thanks Dave Bro. Police definitely not interested. I'll attempt to find a solicitor.
Firstly, well done from breaking free of the relationship
Secondly, it is possible as can be seen above, but there is a reason the police have chosen not to pursue this (perhaps the likelihood of conviction?) IMO you should just go after the debt you can prove in the small claims court, then let his punishment be that you are living a happy life free from bitterness
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Skytud, save your time and energy for getting on with the rest of your life. A private prosecution will cost you many tens of thousands of pounds and a lot of stress.
By all means pursue the debt using the small claims procedure if you have the evidence and your ex has the means to pay it. You don't need a solicitor for that. Be aware that if your ex claims it was a gift and you can't prove otherwise you will be unlikely to win.
//I hope to achieve for my ex to be taken to court and punished//

There's two (at least) aspects to this. As far as "punishment" goes that can only come from a criminal court (i.e. Magistrates' or Crown Court). Have the police/CPS decided not to prosecute him or has he been prosecuted but acquitted? If the latter nothing more can be done. If the former you can consider a private prosecution. You will almost certainly need legal representation to do that and deep pockets. Even if you are successful and he is convicted you will not be able to reclaim your costs.

As for the other matters, the £9k debt is a civil matter (unless he stole it from you). Who arrested you falsely?

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