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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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my daughter had her partner arrested and charged on domestic

Customer Question

my daughter had her partner arrested and charged on domestic abuse he claims he has downloaded all of her emails and texts both from work and personal for the last 4.5 years to discredit her in court can he do or use this
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.

I'm afraid that its bad news.

If this information does discredit her or her claims then he will be free to use it.

The criminal courts do not generally disallow evidence obtained covertly. Police evidence is often obtained covertly.

He will have to show relevance to the offence but there's no reason that he cannot use this information I'm afraid.

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
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

can he use her work emails from her employer regarding the business

Expert:  Jo C. replied 3 years ago.
Well, yes if they are relevant to the allegations that she has made.

If they are not relevant they will be excluded but if they go to another issue then he can use them for that although I'm not sure what.
Expert:  Jo C. replied 3 years ago.


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Customer: replied 3 years ago.


an she counter sue for defamation of character

Expert:  Jo C. replied 3 years ago.
No.

These are court proceedings so exempt from defamation.

In any event, defamation isnt really an accessible action for most people. Its costs many thousands of pounds to bring a defamation action and there is no legal aid.