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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 son has recently split up with his girlfriend - she involved

Resolved Question:

My son has recently split up with his girlfriend - she involved the police stating he had assaulted her. My son went to the police station voluntarily where he was arrested and interviewed and subsequently the police said there were no charges to answer as it was clear that the accusations were fictious. During my sons police interview the girlfirend text me to say she would drop the charges if my son removed his name from the tennancy on the house and move out, which is what was behind the assault accusations in the first place.
He has moved out and removed his name from the tenanncy.
However he has just started a college course and his exgirlfirend has phoned the college to say that my son has been in prison, which he has on remand only several years ago and generally trying to discredit him.
Is there anything we can do to stop her ruining my sons life.
Many Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Of course, they are fictious. She is just using the police to harass him. This is what domestic violence is. Whatever you read in the papers, most of it is this type of twaddle from childish people.
Have the police NFAed this matter?
Has he been to prison?
Customer: replied 2 years ago.

Not sure what NFAed is?

He had a one year suspended sentence 5 years ago.

Expert:  Jo C. replied 2 years ago.
No further action.
Has he been to prison on remand before?
Customer: replied 2 years ago.

I dont know about the no further action - I'm sure he could enquire.

He was held on remand, went to court and was given a 12 month suspended sentence.

Expert:  Jo C. replied 2 years ago.
OK.
There are a limited number of options. This young lady is a vexatious accuser. You will find a very informative article upon her problem here
http://www.1itl.com/news/270/
He has been to prison so her comments were true. Of course, one wonders what possible reason she could have for making them but nevertheless they were true. Therefore they were not defamatory. Similarly its not malicious communication really.
It is possible that you could argue this is harassment. If the police have NFAed the allegation against him then the second call to the college would make up the two incidents needed. I suspect probably they have NFAed it which is why she is displeased and so motivated to act maliciously and call the college.
What he does about it is another matter. She hasn't engaged yet in enough allegations to make it worth while suing. The leading case of Waxman involved far more allegations than this. However, he could get a solicitor to write to her warning her that he will sue if she doesn't desist.
Also, the police might well give her a harassment warning for this as calling his college was nothing more than an inflammatory act.
If she continues then he would have a claim against her in harassment.
Do not lose the text she sent you. She cannot do what she says she will actually because they will summons her but the fact that she has made this offer is very useful to your son.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thats very helpful Jo thank you.

Would it be possible for you to write her a letter if we decide to go down that road?

Expert:  Jo C. replied 2 years ago.
I am not allowed to act directly under the rules of this site but if you talk to either
http://www.churchcourtchambers.co.uk/index.php/members/lesley-manley
or
http://www.5pumpcourt.com/member/Rebecca_Foulkes
then one of them should be able to help.
Customer: replied 2 years ago.

Many Thanks

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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