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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Im currently waiting to appeal against a caution that was

Resolved Question:

I'm currently waiting to appeal against a caution that was offered to me due to an harassment breach when I went to visit my ex-partner. I want to appeal against on these grounds:
>the harassment warning given to me stated that I had been harassing him from july to dec, yet the day the warning was issued we had in fact been away on a weekend together, therefore I feel the warning should have not been issued in the first place. Please note that this is from domestic abuse situation in which I left him, only to come home and find this, which seemed to serve no other purpose than for him to gain further control.
>I have been to the police about the abuse I have had no help, and was told that unless he confessed there was nothing the could do. Feeling my treatment from the police was inadequate and the little support they provide I decided to take matters into my own hands, and went to record a confession from him, ultimately this failed and furthermore the breach occurred.
>Since the abuse I have had problems with my mental health, I'm able to prove this. I'm also able to prove that during the breach, I was in fact in 'no fit state'.
>I have not got any criminal convictions
>I have been working with a domestic violence group and victim support, as well as treatment for my mental health since
>I'm also in the process of obtaining a non-molestation order against my ex-partner for threatening and spontaneous phone calls.
>I have responded twice to the calls, which further breach, but it might be useful to note that he didn't report this until the second breach, which I feel is because he knew what he was doing.
>Also it took him over two week to seek action on the harassment order, the police had tried numerous times but he had not responded. It was only when he received the non-molestation order, which I find a little too funny. Considering that if he truly felt threatened and upset by the breach he should have acted sooner.
>I can also prove that my mental state at the time of the interview was such, that I should not have gone through it without support of a support worker.

Optional Information:
System of Law: England-and-Wales

Already Tried:
is the reasonable grounds to appeal? I realise that ultimately I'm guilty of the breach, but I don't believe there should have given a warning in the first place, and that my dealings with the police where failed. I feel there's too many other factors that should have been taken into account
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Relist: I prefer a second opinion.
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I'm happy to help with your question today.

You say you were "offered" a caution - did you accept or reject it?
Customer: replied 2 years ago.

rejected it


Expert:  Alice H replied 2 years ago.

You cannot appeal an "offer".

The mere fact that you rejected it means no caution was administered; so there is nothing to appeal.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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