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: 70416
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have been arrested 'harassment' of my ex-partner

Customer Question

I have been arrested for the 'harassment' of my ex-partner (no violence - merely Christmas and birthday cards and no personal or verbal contact). In the first instance, am I required to have been given a WRITTEN warning about my future behaviour? Does the absence of such a warning invalidate my arrest? Was my arrest lawful? I've consulted PACE and none of the provisions which suggest that I should have been arrested are met
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.
No.
The harassment warning is a legal fiction. It is no more than a police method of diverting a complaint away from prosecution. They do not have to do that first. They often do depending on the nature of the harassment complained of but the absence of one is a non issue.
Yes, your arrest was lawful. There is no need for a harassment warning.
Sorry if that is bad news but this point is a non starter I'm afraid.
Can I clarify anything for you?
Jo