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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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can i get an allegation of harassment notice lifted after being

Resolved Question:

can i get an allegation of harassment notice lifted after being coercerd into signing one because i was pursueing a dda against someone who had me arrested and when i served papers on the dda
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.

i was arrested for an allegation of harassment and bailed to appear a month later during that time i served the complaintant with papers for complaint of dda within one day of serving the papers the complaintant complained to the police a the next day i was asked to sign a allegation of harassment order and verbally asked to drop the dda allegation

Expert:  Jo C. replied 3 years ago.
What do you mean by DDA?

Dangerous Dogs Act?
Customer: replied 3 years ago.

disability discrimination act

Expert:  Jo C. replied 3 years ago.
Why were the police dealing with that?
Customer: replied 3 years ago.

the police were dealing with the harassment allegation against me from a previous employee who i had to dismiss for breach of contract then i served the papers to the previous employee for discrimination under the dda act the employee made a lot of trouble for the police for receiving these papers the next day i was visited by one officer saying this was a waste of taxpayers money and would i sign an allegation of harassment notice with a view to dropping the disability discrimination proceedings very quickly after i served the dda papers to convienantly and i feel unjustified in there approach its as if im guilty of a crime committed

Expert:  Jo C. replied 3 years ago.
I see.

Your view of this is actually probably correct! They do use these warnings fairly liberally.

However, overall its bad news. The harassment warning has no legal standing of itself. It is no more than a police notification that further contact would amount to harassment. It is not a restraining order or an injunction.

I suppose you could write to them withdrawing your signature but it wouldn't achieve anything. A signature upon these things is no more than an acknowledgement that you received it not necessarily that you agreed with it. The trouble is that they can prove that you did in any event.

The notice you have signed is not a finding against you. Its no more than a warning.

I suppose you could judicially review the decision to offer you a warning. I can see merit in that but its not cheap to bring judicial reviews and its a question of how much you want to remove this.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

if i was to continue the case of discrimination against this person would the police revoke the allegation of harassment notice and continue to pursue a course of action against me with the investigations pending the harassment order i was bailed for to appear back to them in june 13th 2014

Expert:  Jo C. replied 3 years ago.
No they cannot do that. They cannot revoke notices and start charging you.

All they can do is charge you for further acts of harassment. Pursuing him in the civil courts is not likely to be considered harassment.
Customer: replied 3 years ago.

thank you your help has been worth your weight in gold have a good day

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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