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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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I like to know about the legal implications of a matter. I

Customer Question

Hi,I like to know about the legal implications of a matter. I received a call from my wife's ex-boyfriend on January 28th 2016 over a facebook post in which my wife made a commentconcerning his sister who was arrested for assault. While ending the call, the man whose name is ***** ***** me a f**king black c**t. After receiving the call, I was emotionally devastated and phoned the police to report the case. The Police came round a few days later and took my statement and told me they will also betaking Craig's statement. The Police phoned me last Sunday to inform me that they had spoken with Craig who denied racially abusing me and instead complained to the police aboutsome threatening text messages I sent him last year after he came to drop his daughter just before Christmas. Indeed, I sent him threatening text messagesbut I did so because my wife told me Craig was vocally violent to her and raised his voice at her in my absence. Knowing the history of domestic violence between Craig and my wife in the past, and how Craig had attacked my wife severally when they were together, I was very angry and sent Craig several text messages warning him to stay away from my house and that if he didn't listen to my warnings and showed up at my doorsteps I will beat him up badly that he will be hospitalized.Although, I am remorseful about the text messages I sent, I feel like I may be at risk of being victimized even more because now Craig denies racially abusing meand has given the police the text messages I sent him last year and more so he is pretending to be the victim here. I am concerned that with the evidence of the text message he hasand with no actual evidence of the racial abuse he made to me, he might have an upper hand in the case. I am currently emotionally drained because of this and my only intention for texting him last year was to put my foot down and protect my wife from his abusiveness.The latest update on the case from the police is that the case would be forwarded to CPS for further review. My question is, I am at risk legally in the matter? and if I am what can I do to reduce the risk. Also, do I stand any chance of being able to prove thatI was racially abused?Thanks
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: that's basically everything that happened.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: UK Law
Expert:  Jo C. replied 9 months ago.

Hello, did the police see the text messages in question?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
what can i do about this situation?
Expert:  Jo C. replied 9 months ago.

Why was he phoning you?

What is his connection to you? It would seem to be her problem.

Customer: replied 9 months ago.
I have no idea why he phoned me. Apparently he called to bark at me with threats asking me to tell my wife to stop slandering his family. His younger was arrested for domestic violence against her partner and she was arrested and sent to court. The news was carried by one of the local news media and it was shared on facebook where my wife made a comment about his family being a waste of space due to the history of domestic violence in their family.
Customer: replied 9 months ago.
Also i have spoken to my phone provider and they confirm that the phone conversation in which he racially abused can be recovered but only at the request of the police.
Expert:  Jo C. replied 9 months ago.

Well, how did he get your number?

Do you think it might have been your wife?

Customer: replied 9 months ago.
I remember mentioning to you that i sent him a text last year after he came to my house and was verbally violent to my wife. Did you see that in my first message? That is obviously how he got my number and not from my wife.
Expert:  Jo C. replied 9 months ago.

Ok. Never get involved in your partner's issues. They are her problem not yours. All that ever happens is that you end up facing consequences and they walk away scot free. I don't know why men feel an obligation to sort out their partner's problems.

Whatever she told you, there is no such thing as verbal violence. The two things are in direct contradiction with each other. Verbal means something entirely difference to violence. If there was an adverse encounter then that is for her to sort out.

Unfortunately though you have sent this text and we will have to deal with that.

Expert:  Jo C. replied 9 months ago.

How long ago was that incident where she got you to send him that message?

Expert:  Jo C. replied 9 months ago.

The problem is that there will be a record of that and you do accept threatening violence. He is playing the victim but the point is that we are dealing with that.

You certainly are at risk of prosecution. He has only done this because you made a report and the two of you are only in dispute because of your wife. However, the plain fact remains that you did send a threatening text.

On your other question, you can give a statement on the point and it is priority crime but the reality is that if there are cross allegations and there is a record of his allegation and not of yours then the chances are fairly low. Even if he were charged this would be an obvious point to take in his defence.

Don't get involved in placing yourself at risk to protect your wife for the future. I realise that this doesn't help now but none of this would have happened to you if you had left her to it.

If your former partners start to harass you then you wouldn't get your wife to confront them. You should not be put in this position.

Customer: replied 9 months ago.
How can i not get involved in my wife's issues because they are her problems not mine? This man in question has been abusive to my wife in the past so i don't think i regret telling him to stay away from my house and my wife. The only thing i regret is threatening violence. This is my wife we are talking of here not just a girlfriend. I will defend and protect my wife no matter the cost or consequence. If i cannot put my self at risk for my wife then for whom will i do that for?. Moving on, my phone provider has confirmed that they are able to retrieve the phone conversation where he racially abused me but will only do so at the request of the police and i have informed the police about this. How will this impact the case moving on?
Expert:  Jo C. replied 9 months ago.

I understand. Not all women get their partners to sort out their disputes. Notice it is you that is at risk of a charge not her.

I have disputes all the time. I just don't place my husband at risk by getting him involved.

I understand that you feel an obligation to assist her and that men have been socialised to protect women but quite often I see law abiding men who end up in the dock because they were sorting out the disputes of a person who should be doing it themselves. Do not be one of them.

Expert:  Jo C. replied 9 months ago.

The phone company won't have a recording of the conversation. They don't record calls. They are not allowed to without notification under the DPA.

Expert:  Jo C. replied 9 months ago.

They will have a record that it was made but that is only probative if he is denying a phone call.

Expert:  Jo C. replied 9 months ago.

Don't be a hero. You just worry about you.

Customer: replied 9 months ago.
He is not denying a phone call. He is denying racially abusing me
Customer: replied 9 months ago.
I know many heroes and i am not one of them
Expert:  Jo C. replied 9 months ago.

And never take much notice of allegations of abuse in previous relationships. You would be amazed at how weak they regularly are when you have sight of CRIS reports.

Expert:  Jo C. replied 9 months ago.

Good. You are the important person here not her. This is nothing to do with you and you are at risk.

Expert:  Jo C. replied 9 months ago.

If he is not denying a phone call then the record proves nothing except I suppose the duration of the call might be inconsistent with what he says was said.

Expert:  Jo C. replied 9 months ago.

One might cross examine on the point of why he is calling you at all but I suspect I know what the answer will be or at least what the risk is.

Expert:  Jo C. replied 9 months ago.

In fairness, if it is just one text threatening violence then it is probably only going to be a malicious communication which is not the worst offence and it might well lead to a caution or a fixed penalty but it is a shame you end up with anything at all.

I am sorry you are in this position.

Customer: replied 9 months ago.
He called me f**king black c**t. Is that not a problem? or are you saying if we can prove he did call me this nothing will be done?
Expert:  Jo C. replied 9 months ago.

Not sure what you mean?

Customer: replied 9 months ago.
He racially abused me. If this can be proven from the phone conversation, where do i stand in this matter? That's what i need to know
Expert:  Jo C. replied 9 months ago.

If you mean what offence does it constitute then a public order maybe. It could be charged as a malicious communication but you cannot hide from the fact that it is not as serious and threatening violence.

Customer: replied 9 months ago.
are you kidding me?
Customer: replied 9 months ago.
I was racially abused at you are saying it will be considered less serious to me threatening violence?
Expert:  Jo C. replied 9 months ago.

Yes. I don't think there is much dispute over that.

Threats of violence are more serious than objectionable words.

Customer: replied 9 months ago.
Why is it objectionable?
Expert:  Jo C. replied 9 months ago.

I know why you did it and I understand and I know that you wouldn't have done it without her influence but you did and making threats of violence is an offence.

Expert:  Jo C. replied 9 months ago.

I think most people would agree that racial abuse is objectionable.

Customer: replied 9 months ago.
i don't get you. sorry to ask but are you in the UK or is this an american law website?
Expert:  Jo C. replied 9 months ago.

Making threats of violence, even when you are being incited, is a more serious offence.

I'm in the UK. I don't know anything about law elsewhere.

Expert:  Jo C. replied 9 months ago.

If you are hoping that anybody will be able to tell you that racial abuse, which are ultimately just words, is more serious than making a threat of actual violence then I'm afraid that cannot be done.

Customer: replied 9 months ago.
I see...So what you are saying is, nothing will be done to someone who has racially abused me?
Customer: replied 9 months ago.
this is a very fair justice system we have in the UK. I think
Expert:  Jo C. replied 9 months ago.

No, that is not what I said. Please see above.

I'm sorry and I do feel for you as I know that you would not have done this if you hadn't been put in this position.

Expert:  Jo C. replied 9 months ago.

No, it is not a fair justice system. The ways in which men offend are contrary to law. The ways in which women offend are not generally. This is why it looks, on the face of it, as though women commit very few offences of violence - they get men to do it for them.

Expert:  Jo C. replied 9 months ago.

But the issue is law not fairness and that is what we are dealing with.

Expert:  Jo C. replied 9 months ago.

The best hope you have is that the text you sent will be outside of six months. I cannot imagine they are going to start using more serious offences.

That said, obviously I haven't seen the message that you sent.

Expert:  Jo C. replied 9 months ago.

In terms of his phone call, you need to prove what was actually said.

the fact that they may prosecute you doesn't mean they won't prosecute him. They are two separate incidents.

Expert:  Jo C. replied 9 months ago.

I suppose you could sue him if the police won't prosecute although he could counter claim. Time limits are different when you sue.

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