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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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What happens PRACTICALLY if your wife calls the Police and

Resolved Question:

What happens PRACTICALLY if your wife calls the Police and asserts (maliciously) that you have broken a non Molestation order when you haven't, but you manage to 'escape' before the Police arrive and you are still at liberty 48 hours later. Do you have to hand yourself in?
Can they keep you in? Can you simply agree to go at a pre-agreed time to the Magistrates Court to argue your innocence? What are your options?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Unfortunately, the police will have to respond to her complaints. You would not believe how much I wish their policy were not to become involved in this nonsense.

You do not have to hand yourself in but if you do not they will eventually catch up with you and then it will be harder to get bail.

Yes, they can keep you in. If you fled upon arrest then they may do so.

No, you cannot just go to the Magistrates. You need to go to the police station for interview and charge or, indeed, no further action. The police are actually quite well aware that women waste their time to manipulate their partners sometimes.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Hi, I didn't flee from them (as in a scuffle/blue light chase situation) as I left the family home PDQ and long before they arrived? My wife also didn't tell me for sure that she was going to call them and I have kept my mobile switched off, so there is no way I could know that they are actually 'after me'. That being said, I spoke to my wife tonight and she confirmed she had called the Police. So in summary and as we didn't have a resisting arrest situation - what should I do?!

Expert:  Jo C. replied 3 years ago.

1 Get a solicitor to negotiate a time to surrender voluntarily at the police station.

2 Do not have anything else to do with your wife and find yourself a partner who does not seek non molestation orders and trot them out when it suits her. We all have rows. We don't all get the police involved in them.
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