How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was falsely accused of assault by the mother of my girlfriend

Resolved Question:

I was falsely accused of assault by the mother of my girlfriend when I went to pick up my daughter for my weekly day with her. Even there were two witnesses but because they are her friends and neighbors they had the decency at least to say that nothing happened although even this was untrue. I was charged with assault and when I realized that they believed her I placed my complaining. Can I sue her for perverting the course of justice as I know that she made it all up and I know that the witnesses will say everything as it was in court. By the way the case was labeled common assault. Thanks in advance.
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.
You don't sue for perverting the course of justice. It is not a civil tort.
The police can prosecute her. Or you can take out a private prosecution. That is an expensive business and CPS may take it over and drop it although it is fair to say that they do not often do that unless there is literally no basis for the case at all.
It is expensive to do that and you should bear that in mind.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

What can I do to be compensated for the troubles and especially as I know that she made it all up. Another question: Can I asked the court to force the witnesses to come as I overheard that they have the right to refuse to come at the trial having in mind that they are her neighbors and friends?

Expert:  Jo C. replied 2 years ago.
The only other option is to sue for defamation but that isn't cheap either.
If she makes other allegations then you would have an action i harassment which is a lot cheaper and more accessible.
I presume you are in the UK? I notice the incorrect spelling of neighbour? If you are in the states then this will all be wrong. Or it might be the spell check which I think is set to American English.
Customer: replied 2 years ago.

I see, just if you can tell me how can I force somehow the witnesses to come to court as they are my only hope for proving the truth, will be very grateful. I am a foreigner living in London that's why I did not notice the incorrect spelling.

Expert:  Jo C. replied 2 years ago.
I see.
You can always seek a summons for them. That isn't difficult or expensive. The risk is that generally a summonsed witness is an unhelpful one who will try to say things that you don't want them to. But if they have made a statement to the contrary then that would limit the damage.
Jo C. and other Law Specialists are ready to help you