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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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My brother has been falsely accused of harassing his ex and

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My brother has been falsely accused of harassing his ex and has been issued a police notice here in the UK. He hasn't seen nor communicated with her in any way for nearly a year. The date of her allegation just happens to coincide with the day he rang his daughters school to ask how his daughter was getting on. What are his options now? How can he rebute this false allegation that she has used as a means to "punish" him for trying to see how his daughter is doing at school?

His ex has a habbit of misusing the system for her own gain and has often managed to beat my brother into submission by her first strikes using the legal system. She has consistently used cafcas, family courts and now false harassment allegations as a means to hurt my brother. She is incredibly manipulative and knows exactly what she is doing. She is well aware that my brother has a low income job and is unable to afford a solicitor to defend himself from her accusations. Until the recent change in legal aid, she successfully managed to keep him from seeing his daughter. Now that her legal aid has been severed it seems she's choosing an alternative approach to hurt him using the system.

We're a law abiding family who have tried to pull together and battle her onslaughts through the legal system as best we can, but She continues to win because of her first strikes giving her greater momentum. Does my brother have any rights to charge her with making false statements with regard to this latest attempt of hers? Is he able to do something about deffermation of his character or even harassment itself? She must not be allowed to abuse the system any longer.

I thank you in advance for your advice.
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.

Hi Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Of course, she has a habit of abusing the system. Surely though, this is just a harassment warning?

Customer: replied 10 months ago.

Yes it is a warning, but my question is how can he get this warning rescinded and how to counteract it?


 


She must be sent a message that she cannot continue to abuse the system like she is currently, and my brother should not have to have this "warning" on record which could aversely effect his job prospects if ECRB checked.


 


I understand that it is a just a warning, but we've had it before when I mentioned her pre-emptive strikes with regards XXXXX XXXXX and family law. My brother was advised then to just ignore her constant barrages of false allegations complete with legal threats issued from her legal aid solicitors and that these little "niggles" were of no consequence. It wasn't until he got to family court that these items that he never fought came back to haunt him and he was wrongly seen in a bad light. They didn't care that her allegations were just that. Simply due to the fact that he was told to ignore them, when it came in front of a judge, the judge took his ex's legal letters as gospel.


 


He has done absolutely nothing wrong. He hasn't been anywhere near her, nor in contact via text, email, letter or phone for nearly a year. And now, just because he rang his daughters school to see how she was doing his ex has him issued a warning against harassment stating that he's been driving past her house (on a cul-de-sac) at times when he was physically at work. But the police are not interested in the facts and the gaping holes in her charge.

Expert:  Jo C. replied 10 months ago.
Thanks.

You cannot get a harassment warning removed. It has no legal status of itself. The harassment legislation doesn't provide for harassment warnings. They are no more than a notice from an officer that further contact would be considered harassment by them. Its a way of fielding off all the trivial allegations that make make to them.

He does have other options open to him though. If she is making a large number of allegations against him that amount to false or trivial matters then he can always sue in civil harassment. You will find a very informative article on the point here

http://www.1itl.com/news/270/

Also, he can report this nonsense to the Taxpayers Alliance here

http://www.taxpayersalliance.com/

as this type of abuse of public money will always interest them.

In relation to actions against the police though, you are focusing on the wrong culprit. They are not allowed to ignore reports now. There are lots of human rights authorities that say they have to consider every complaint. I was a police station rep for years before I went to the Bar and most individual officers would generally prefer that their time wasn't wasted with these stupid domestic squabbles and false allegations of sexual abuse that make up the bulk of their case load. There is nothing they can do about that. In fact, a harassment warning is a case of the police exercising their discretion in his favour. If they wanted to be unreasonable they would have arrested him.

Ultimately though, its not the fault of the police. Its the fault of these women who think they can use them as another limb of the welfare state.

Can I clarify anything for you?

Jo
Customer: replied 10 months ago.

For Jo C.


 


Thank you for the links Jo, I shall check them out.


 


With regards XXXXX XXXXX paragraph about the police, I think you have misread something as I am in no way focusing on them. I don't know where you thought I was focusing on them? I'm not blaming the police about the actual issuance of the warning, and I fully understand and support that they have to do this as a general means of deterrent. I simply wanted to know if there was a way of getting the police to rescind the warning due to the gaping holes in her allegations, expunge it from my brothers records in the event of an ECRB check and if my brother was able to press charges of some sort or other against his ex to show her that she cannot keep doing things like this.


 


I apologise if you thought I was having a go at the police.


 


I briefly read some other articles on the web before coming on here and I believe that you can only issue a harassment charge if the supposed harassing happened within a 6 month period. Is this true for civil harassment?


 


I ask as my brothers ex's onslaught through legal letters happened well over a year now. As I said previously, they've not been in contact for nearly a year.


 


The barrage of legal letters were incredibly distressing for not only my brother but my Mother and Grandfather too. They thought my brother was going to be fined; imprisoned because he had no way of paying said fines; and that they'd loose contact with their (great) grand daughter etc etc.


 


 

Expert:  Jo C. replied 10 months ago.
No, I understand your point about this.

You have six years to sue in civil harassment. But anyway, time runs from the date of the allegations she is making so there is loads of time. The issue here is that there is a continuous course of conduct and time runs from the date of the last incident.

It is distressing to have somebody using the police and family courts to harass. Its classic female abuse and generally they've been allowed to get away with it. Male abuse is much more blunt on the whole and easier to legislate against. The female abuser is generally more devious but that doesn't mean she is not an abuser.
Customer: replied 10 months ago.

For Jo C,


 


Is he able to get/apply for a full report from the police on what his ex has said? For example, a full disclosure of the information she gave to them in order for them to issue the warning?

Expert:  Jo C. replied 10 months ago.
It is possible but not easy.

You can make a SAR to them. I have done that several times before and they resist incredibly. Even if they do disclose it though they will blank out the names and addresses of any witness and anything else that is sensitive.

An alternative option is to sue in civil harassment and get the civil judge to order disclosure from the chief constable. Then officers are usually happy to comply. They really just want a court order to ensure that it isn't their fault.

Civil harassment is something suitable for public access though so legal fees will not be huge.
Customer: replied 10 months ago.

For Jo C,


 


Thank you very much for your advice. You've been very helpful and considerate.


 


Much obliged.


 


 

Expert:  Jo C. replied 10 months ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64693
Experience: Over 5 years in practice.
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