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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?
Yes it is a warning, but my question is how can he get this warning rescinded and how to counteract it?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.
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.
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?
Thank you very much for your advice. You've been very helpful and considerate.