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JimLawyer, Senior Associate
Category: UK Law
Satisfied Customers: 80
Experience:  Senior Associate Solicitor and Litigator
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I am concerned about an incident that occured on new years

Customer Question

Hi I am concerned about an incident that occured on new years eve of 2016. Myself and my girlfriend went to a local club to celebrate new years eve. We both had too much to drink, she started pushing me toward other women in the club and being rather silly. She is much younger than me and that was the first time I had taken her out in my town due to her behaviour when she is drunk. She really started to get silly so I thought best to leave. Problem is she is telling me a different story than I remember. I remember her being very aggressive and totally irrational towards me. I do remember pushing her away from me, she then fell over and start screaming loudly, I then had words with a guy standing there and then decided that I needed to take myself out of the situation. Mys on then came and picked me up. She then spent the night at the police station and has since told me that I beat her a broke her phone. I don't remember any of that. I paid for a new phone anyway a few days after. The problem is she was in an abusive relationship with her ex husband, now realises that she cannot prosecute him and keeps threatening to report me every time she decides that we should split up which is at east once a week. We live far apart and she is actually in a refuge (to do with her ex husband not me). Where do I stand with this as she says she has a witness and I am worried that I will face prison and it will ruin my life and business.
Submitted: 5 months ago.
Category: UK Law
Expert:  JimLawyer replied 5 months ago.

Hi, if she has an independent witness who supports her then theoretically she could decide to involve the police although if it's a pack of lies on her part then she runs the risk of wasting police time and could find herself in serious trouble. The police would need to interview her and find out her story - and the witnesses story. If the police think she's credible then they could get you in for interview and decide whether to let you off with a caution or not. The charge may be assault but I doubt it would amount to anything as the ex didn't seek medical treatment / she was drunk ands she has taken a long time to make any complaint to the police. I'd imagine the police would only take an interest if there was an injury to her. The police are stretched as it is and they may not choose to investigate her complaint. You could always ring 101 and report her as she is making ongoing threats which are likely unfounded. Also bear in mind if she decided to pursue this, the police would have to prove beyond all reasonable doubt that you did this and from what you're saying, I think that may well be very difficult. I wouldn't worry but my advice is to report this and the police will take details over the phone. Thanks

Customer: replied 5 months ago.
The police were involved on the night, they took her statement but she told them she didn't want to proceed. Because she is in a refuge I think there are people there that are also trying to get her to prosecute. No police officer has ever interviewed or even phoned me. Is there a time limit on when she has to make the complaint by?
Expert:  JimLawyer replied 5 months ago.

Yes, if violence which does not cause injury then its six months, so would be by the end of June. Also bear in mind that it's is up to the individual police force to decide whether or not to pursue an investigation if lots of time time has elapsed. The force might take into account the seriousness of the offence, any motive for the delay in reporting, and whether, given the elapse of time, a successful outcome is likely. Even if the police do investigate, a court might still say that the prosecution is an abuse of process if it could have been brought at an earlier time ... for example, when memories were fresher and more accurate. As such I think the ex is on a sticky wicket.