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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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looking through my ex husband facebook messages i read conversations

Customer Question

looking through my ex husband facebook messages i read conversations of arranging to have me beat up and most recently how he wants to throw acid in my face or beat me with a club. The police claim because he did not post them directly to me there is really nothing they can do. I am terrified and keep myself locked in my home.
Are the police right by saying this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do the Police have any evidence that it was him that posted it please?

JACUSTOMER-u3zw862x- :

Hello Alex, Yes i screenshot the conversation and printed it off for them. I logged onto his account after attending a financial hearing and witnessed this horrific conversation between my ex and a lady friend. He was served with a PIN order for harassment to me back in july 2013. However, the police have just informed me that this has run out as they only last 6 months apparently.

Alex Watts :

They are warnings yes.

Alex Watts :

Under the Malicious Communications Act 2003 it states:

Alex Watts :

1Offence of sending letters etc. with intent to cause distress or anxiety.

Alex Watts :

(1)Any person who sends to another person—

Alex Watts :

(a)a [F1letter, electronic communication or article of any description] which conveys—

Alex Watts :

(i)a message which is indecent or grossly offensive;

(ii)a threat; or

(iii)information which is false and known or believed to be false by the sender; or

Alex Watts :

(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

Alex Watts :

But a Court would have to be satisfied that it was him

Alex Watts :

This means they could get the logs from Facebook to see which IP address was used.

Alex Watts :

That IP address can be traced back to a computer.

Alex Watts :

But of course there is a cost to this. That is a matter for the Police.

Alex Watts :

If it was not him that sent the message - he has not committed the offence

Alex Watts :

If it was him - then it is an offence

Alex Watts :

You need to be able to convince the Police to investigate this.

Alex Watts :

Of course it may not be in the public interest because of the costs, but that is a matter for the Police

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-u3zw862x- :

This is a conversation between two people, he has not sent any message directly to me.

Alex Watts :

It does not need to be directed at you.

Alex Watts :

It can be to another person.

JACUSTOMER-u3zw862x- :

he states: i'll club the slag to death also 'perhaps some acid that seems to be popular these days' and 'i'll do time for her i swear'

Alex Watts :

Yes this is not acceptable. But the Police need to be satisfied it was your ex.

Alex Watts :

I would consider it is at least worthy of an investigation

Alex Watts :

You should ask that this is done or complain to the Chief Constable.

JACUSTOMER-u3zw862x- :

I am in a terrible state, my doctor has prescribed diazapam to try to calm the anxiety

Alex Watts :

Yes. You need to complain to the Police and ask them to investigate or complain to the Chief Constable.

Alex Watts :

Can I clarify anything else for you please?

JACUSTOMER-u3zw862x- :

Thank you Alex for you assistance

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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