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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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i began a case abuse against my sister,both

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i began a case for historic abuse against my sister,both sexual and violent,the sexual part was dropped through lack of evidence,but the violence was admitted to a detective, no further action was taken at that time a couple of years back,but since then i have been accused of things i have not done and have had slanderous unproveable rumours spread about me by my niece melanie watson ,it came to a head last night whilst visiting my seriously ill mother in hospital on Friday,i had my niece swearing in my face in public about how she hates me,what action can i take here,i cannot tolerate the lies and abuse,i also cannot believe i cannot sue my sister for violent historic abuse ,when she admitted she knocked me about,to a detective, i also would like an avenue to prevent my niece approaching me again,because this may lead to me having to defend myself physically against her ,i have been attacked by two members of the family already,one is on record

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

Hi. Thank you for your question. My name is ***** ***** I will try to help with this.

Expert:  Jo C. replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Jo C. replied 2 years ago.
Hi
Can you respond now?
Are you seeking my messages OK?
Customer: replied 2 years ago.

i havent received an answer ?

Expert:  Jo C. replied 2 years ago.
What would you like to know about this please?
Customer: replied 2 years ago.

an answer to the question i already asked ?

Expert:  Jo C. replied 2 years ago.
Your post above does not contain a question?
Customer: replied 2 years ago.

my first post contained a question about historic abuse and slander,i then received an e mail saying,you had responded and there was no response,just a message saying you may need more info ,what response ?

Expert:  Jo C. replied 2 years ago.
I can see your post setting down the facts.
Therein you have not asked a specific question.
Customer: replied 2 years ago.

can i sue my sister with proof from a detective and how can i stop the slander and keep my niece away from me permanently

Expert:  Jo C. replied 2 years ago.
If the assault was more than 3 years ago then you are out of time to sue under the Limitation Act. You can seek to extend time under that legislation but the reality is that it would be disallowed because you did complain to the police so were clearly capable of acting against her.
In terms of how to stop her making comments, there is no way to do that. You can sue for defamation potentially depending on what she is saying. That will cost roughly £10k-£25k depending on whether she contests it or not.
Shouting in your face to the effect that she hates you is not defamation though. That is just general abuse. There isn't a tort for which you can sue arising from that.
In terms of keeping her away, on these facts you have no basis to do that. There may be more to it than that. But she isn't going anything unlawful that you have mentioned so cannot seek an injunction. If she continues to contact you when you have asked her to stop then you could sue her in harassment and seek an order restraining her. if she is doing anything else of an unlawful nature then that is an option as well but that is not what you are describing here.
Sorry if that is bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

the admitted violent abuse to the detective was historic and over 30 years old,the assaults were recent and acted upon,the historic violence is what i want to sue her with,what kind of limitations are on this ?

Expert:  Jo C. replied 2 years ago.
3 years from the date of the assault under the Limitation act 1980.
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