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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70511
Experience:  Over 5 years in practice
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I'm Gary I've been summoned to court harassing

Customer Question

Hi I'm Gary I've been summoned to court for allegedly harassing my Upstairs neighbour. I was issued an harassment warning last year and I have stayed away from her but they complained to the council about my sound system being too loud ( it was apparently it was making their table shake). I saw her boyfriend one morning On the way to work and tried to apologise (silly I know I shouldn't of approached him at all) but he lied to the police saying I called her a polish bitch. I never. Anyhow I am terrified I may end up in jail. I'm worried there going to use this polish thing against me. What's the likelihood of this ? I have no previous convictions or cautions just that harassment warning issued last year.
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 please?
Customer: replied 2 years ago.

Hi if found guilty of this what do you think. The punishment would be ? I'm terrified I might end up in jail

Expert:  Jo C. replied 2 years ago.
What is the harassment they allege?
It must be deeper than this?
Customer: replied 2 years ago.

No I can't believe it either. I was issued with an harassment warning last year after I bought flowers to apologise for being too loud and left her one note. I have not been in contact since bit they are alleging I am harassing her with my sound system. The whole thing is ridiculous and her boyfriend is saying I called her a polish bitch which I didn't they are trying to make out I'm against the polish and it's some sort of hate crime. I couldn't believe it when I got the court summons.

Expert:  Jo C. replied 2 years ago.
Well, the fact of the summons isn't particularly surprising. Harassments are generally a load of nonsense.
If the allegation is basically that you called her a Polish bitch and you play your music too loudly then there is no chance of custody.
Unless they are going to prove that you play your music loudly with knowledge that she would hear then I'm not sure they could get over this hurdle anyway. They have to prove that a reasonable person would know this amounted to harassment. To show that there needs to be some reason to believe that you knew she would hear.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi would you know what sort of punishment I would likely get for this if found guilty. I have no previous cautions or convictions just an harassment warning ? They are trying to make it out as some sort of hate crime against the polish which is absolute nonsense.

Expert:  Jo C. replied 2 years ago.
It does depend what exactly you are said to have done but it will be a low level community order or a fine.
The point of the exercise will be to get a restraining order.
Customer: replied 2 years ago.

Hi can a restraining order force me to sell my home as they live directly above me and I can't afford to sell my home right now ?

Expert:  Jo C. replied 2 years ago.
No.
What could happen though is that you could be bailed to another address if they keep making allegations against you but that wont be an issue yet.
Im happy to continue with this but please remember to leave feedback for my answer.
Jo C. and 5 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi sorry last question. I didn't do it but if I plead guilty what chance of getting a discharge ? I'm worried about my job. The allegations are basically that I called her a polish bitch and that I play my music too loud late at night. They think I am harassing them because they are polish and it's being treated as some sort of hate crime which I feel is absolutely ridiculous.

Expert:  Jo C. replied 2 years ago.
A discharge is not likely given the racial slur I'm afraid.