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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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Hi Do you deal with criminal law? I have been charged with

Resolved Question:

Hi
Do you deal with criminal law? I have been charged with non violent harassment after repeatedly trying to talk to my ex who finished our relationship two months ago. She was emotionally abusive throughout our one year relationship and left me in bits. I was arrested a week after I last tried to make contact, although ironically that last call sealed the end for me and I was ready to move on.
Im at my wits end. Im 43 and have not had any criminal record before and I was just beginning to turn a corner. With a criminalrecord i have no chance of pursuing the very competitive career I set my heart on. Im receiving counselling and medication for severe depression.
What can I do?
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.
What would you like to know about this?
Customer: replied 2 years ago.

I have been charged and solicitors advised that I can either ask them to request a restraining order, or try to get the cps to drop the case on the grounds that it is not in anyone's interest to proceed. Im told both are a very log shot, even if I get a psychiatric report showing that I was lready in great mental distress and have been taking steps to address my health and to leave the area (I will move away in .January)

I think the mental distress is clear. The duty doctor in the station listened to my story and said my ex was likely psychotic (she had threatened violence on multiple occasions). Of course its me on trial for being unable to let go, but since I have been receiving counselling and medication I hope these things will be considered mitigating.o

Or, is it plausible to file a complaint of abuse against her although the relstionship is over?

Expert:  Jo C. replied 2 years ago.
No.
At least, you can still make an allegation if it amounts to a crime but this does not. This is just a relationship issue.
Also, they probably would not take a complaint about her until the matter against you is concluded unless it is entirely different and unconnected. They would certainly not take cross allegations.
In any event though, she will just defend on the basis that you have done this because she has made a report which would probably be successful. That is why domestics should be in the family courts.
You need to be careful with your mitigation. I wouldn't put it in. The danger is that what CPS will say is that it just makes you more dangerous and given the nature of the allegation its probably something that needs to be avoided.
Can i clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I just had a chat with a solicitor friend. Her opinion is that this should have been a caution in the first place though obviously it's too late for that. She thought it still possible that the cps would drop it. The magistrates hearing is in 3 weeks. If I can show I have not made any attempt at contact, have finalised a move to another city, and just want to move on, do you think thers a slim chance it could be dropped? Do you think I should also mention that it could seriously dent the career move Ive been planning (I am a lecturer/teacher - ironically intending to convert to law!).

It all feels a little unfair, although I accept I should have stopped trying to talk to my ex (albeit once in a week). My main concern is that having a crimibal record coukd scupper my chances in the already super-competitive law jobs market.

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