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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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***** was convicted of harassment without violence. This

Resolved Question:

Hi ***** was convicted of harassment without violence.
This was in relation to emails and text messages I sent to my estranged wife. I pleaded guilty and was fined and had an injunction issued against me.
My wife has become increasingly odstructive towards me and visitation to my 16 month old daughter. This caused the frustration that resulted in the unwanted messages. I will be making an application in due course to the family courts to sort out my visitation.
I am a soldier in the British Army. I was accompanied to the court by an officer who told me that my wife had made accusations to my chain of command that I was a habitual drug user.
If I was to be found taking drugs or having them in my system it would result in immediate discharge and the loss of my pension.
The officer told me that they had been monitoring my behaviour and the drug testing team had been in and I was part of the group that was tested. He told me nothing had been found in my system and my behaviour was normal.
Do I have any redress towards my wife for making the unfound accusations and causing me trouble at work?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I thought you pleaded guilty? If so they were not false allegations?
Customer: replied 1 year ago.

I pleaded guilty to the unwanted messages. It wasn't until In arrived at court that the officer told me about the accusations of drug abuse, and that I had been monitored and tested because of those accusations. I had done nothing wrong. My wife was just causing me trouble by making shit up. Does that make sense?

Expert:  Jo C. replied 1 year ago.
Oh yes, of course. Unfortunately that is overwhelming the most common use of the harassment legislation. It is a complete waste of public money mostly used by people who make allegations of abuse to get revenge.
However, you pleaded guilty.
Why is the officer monitoring you ? In what way?
Customer: replied 1 year ago.

Let me rephrase the question.

I am in the army and subject to military law. Drug abuse is an absolute no no and we get tested at irregular intervals throughout the year.

To be caught with drugs in a soldiers system means getting the sack and the loss of any pension pot. So pretty serious.

My wife had contacted my boss and made false allegations that I was a habitual drug user. So my superiors had been monitoring my behaviour for signs of drug use. I was also tested by the army drug testing team as part of a random test.

I didn't know my wife had even spoken to my superiors.

Obviously my behaviour is normal and no drugs where detected in my test.

My question is can I sue her for the false allegations and causing me trouble at work.

This isn't in relation to the court case.

Expert:  Jo C. replied 1 year ago.
I see. You mean you have been monitored by the military rather than the officer dealing with the harassment.
In that case, yes you do have a claim. It depends what she has said exactly. Usually vexatious accusers are careful to make allegations that cannot be disproven so it is difficult to sue in defamation.
You do also have a claim in harassment in principle although it is always better to have more than one allegation to make out a harassment.
You could get a solicitor to write to her warning her that if she continues to make false allegations then you will act against her. That can be very effective often.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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