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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I had an interview under caution for harassment , stupidly

Customer Question

I had an interview under caution for harassment , stupidly went on my owm :( , I took the 2 emails I sent and the one fb one , they also had a email there that I didn't write (to her employer , she is a teacher) there was nothing in the last two emails to alarm or distress, the first fb message said (after she put half naked pics of herself and my ex on fb) that she's a muppet(I know , I'm actually emabarrased of myself now) and that he clearly hadn't told her about all our messsages(mine n ex) after this on fb he messaged to say stop harassing her , I then emailed her to apologise if she thought I was , but then had a row with him , I then emailed her to say rather than want to stop me talking to him as whenever I do stop he starts it up again , well she then reported me for harassment , which I told the police when they asked what would alarm or distress me , it would be someonevbanging my door or ring ring ringing me ect , they then said " did she ever reply to you? To which I said no , they said how would I feel if I got these messages? I said I wouldn't even bother reading them , she's basically only gone to police as she's been suspended ? Possibly from her job and she knows I'm a nurse and could lose mine , I'm tempted to go to court and not accept injunction , but I'm scared to as I don't trust the justice system ,and to think my life is in the hands of someone , not qualified, to decide in their reasonable opinion did I cause alarm and distress!
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.
If you are asking whether that is what you should do then the problem is that it sounds as though you have admitted the offence in interview. That might not be the end of the world. They can probably prove it anyway from the paper trail.
It depends whether or not you can argue that it was a two way street in which case it wouldn't be harassment although emailing her employer was probably going too far. That is a question of fact.
The fact of the complaint will show on your enhanced level DBS check anyway. If you are being offered a restraining order alone then that is the safer option overall in the circumstances. If you want to take a risk then refuse and contest the matter in the hope you will be acquitted.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So even if I were to be acquitted it would still be on my crb?,and would it be on therefor 6 years or life?

Thank you for replying so quickly as I need to call the police Fri with my decision , I only admitted emailing not harassment , I said I was unaware that could be classed as harassment , I must admit ( my employer who has been so for 13 years has said she can't believe I didn't get a warning first. She has seen the messages and there is nothing threatening in them , slaying him yes but not her x

Expert:  Jo C. replied 2 years ago.
Yes, it will stay on enhanced crb for life.

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