ASBOs, ABCs & Injunctions when fighting ASB

ASBOs were first introduced in 1998 and first used a year later in 1999. They can only be used against an individual over the age of 10 and must be used in a framework of partnership with all relevant agencies, which usually includes local councils, schools, police and youth offending teams.

ASBOs and ABC’s are also known as anti-social behaviour orders and Acceptable behaviour contracts.

Anti-Social Behaviour happens in many ways

Antisocial behaviour takes on many forms in general it is any behaviour that causes harassment, alarm, or distress to others.

The ASBO is designed to prevent the perpetrator from carrying out anti social acts; they prevent the person committing the crimes being present in the area.

The difference between an antisocial behaviour order and Acceptable behaviour contract is that an antisocial behaviour order is statutory and carries a legal force, whereas an Acceptable behaviour contract is an informal procedure although it is still very significant in the eyes of the law.

Acceptable behaviour contracts are voluntary agreements made between the perpetrator of a crime and the police, sometimes schools and local authorities too. They were introduced to make young children and adults responsible for unacceptable behaviour.

Get an ASBO or ABC for what?

Examples of anti social behaviour that ASBOs and ABC’s can be issued for are:

Harassment of residents
Verbal abuse
Criminal damage
Vandalism
Noise nuisance
Writing graffiti
Engaging in threatening behaviour in large groups
Racial abuse
Smoking or drinking alcohol while under age
Substance misuse
Joyriding
Begging
Prostitution
Kerb crawling
Throwing missiles
Assault
Vehicle crime

The penalties for breaking an Asbo can lead to five years in prison/young offenders’ institution or a hefty fine.

Between April 1999 and December 2007 approximately 14,972 were issued in the UK.

The most were issued in Greater London around 1,808 followed by Greater Manchester 1,642.

The least amount was issued in Dyfed Powys with 51 ASBOs issued.

Injunctions

Injunctions are also effective against Anti social behaviour.

They are court orders that forbid a person from carrying out certain acts, a common injunction is one referred to as an occupation order this is used in the case of domestic violence they are often used when relationships break down and one partner is harassing another.

They can be used to prohibit a person coming within a certain area close to your home or a place they have been aggressive or abusive.

They can also be used to evict someone from your home if they refuse to leave.

Injunctions can also be taken out against noisy neighbours or stalkers etc and can be used to stop someone publishing a story about you that you do not like.

There are also common law injunctions and these injunctions will stop somebody coming onto your property without your permission or assaulting you. An injunction becomes valid once it has been legally served on the person committing the crime, you can obtain one by consulting a solicitor or visiting a county court and asking for the necessary forms.

You will need to make a sworn statement known as an “Affidavit” to explain why you want an injunction.

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