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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have recently been charged with harassment of an ex-partner,

Resolved Question:

Hi, I have recently been charged with harassment of an ex-partner, contrary to section2(1) and (2) of the Protection from Harassment Act 1997. I have no previous convictions, but I do have a previous caution for a similar offence 18 months ago (yes, I've learned my lesson).

I was arrested and interviewed, I declined to have a solcitor present as I can't afford one, I wasn't very clear that any legal advice could be free at this stage?

After being interviewed, at which point, I admitted sending several emails to my ex-partner (none of them were 'threatening' in any way, they were 'vents of frustration' about our relationship and her new apparent relationship - I did use what she could consider to be offensive terms, but again, never threatened in any way, I would never do that). I repeated during the interview that I never intend to contact my ex-partner in any way ever again and will never do so.

I was advised that I will now have to appear at a Magistrates Court in a few weeks and that as a 'summary only offence', it could carry a sentence of six months. I just want this all in the past and want to plead guilty and move on, but scared that I'll get sent to prison... What's the likelihood of thi considering I've never been charged with anything previously??
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX 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.

The starting point is a medium level community order and the range is a high level fine to a high level community order.

This is for a small number of incidents.

If it was more such as constant contact at night, trying to come into
workplace or home, involving others, that would be in the next bracket, but I don't think from what you said it would be.

Therefore if you plead guilty you are likely to get a Community Order, costs of £85 together with an injunction preventing you from having direct/indirect contact.

Can I clarify anything for you about this today please?

Customer: replied 3 years ago.

I certainly will not be contacting my ex partner again, that's for sure...


And I've never threatended in a any way, just been offensive, which i obviously regret and wish I didn't, which i made clear.


I did have a caution though about 12 months ago, with an ex - Which this other 'ex' knew about and why she's doing this... Would this matter in court as I just accepted it all previously and as I've said, never had a conviction of any kind, for any matter....


I currenly work very long hours in my job, so would a 'community order' breach working time regulations as well??


Expert:  Ash replied 3 years ago.
No a Community Order can be fit around weekends etc assuming it is unpaid work. You may have a programme requirement or supervision requirement.


Customer: replied 3 years ago.

Thank you, XXXXX XXXXX likelihood is that I will not be sent to prison? Obviously what I say above being 100% true and accurate, which it is...

Expert:  Ash replied 3 years ago.
It is unlikely you will be sent to prison on the facts you have presented.

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’.

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