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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice
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My ex, and his family members have twice, most recent last

Resolved Question:

my ex, and his family members have twice, most recent last week took my kids to police station saying i assaulted them, case dropped but i have 2 yrs of social services reports highlighted them manipulating kids and emotionally abusing them.
Can i press charges against them, as my daughter told a social worker and child protection officer they made her lie to police.
this has caused me a lot of upset, stress and humiliation and on top damaging my kids,
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'm really sorry but this will not act against them on this basis.
Perverting prosecutions are extremely rare in the grand scheme of things and this isn't sufficient evidence to support it. In fact, it implicates your daughter as well depending on her age and you wouldn't want that. The fact that she has said something contrary to a social worker does not prove a perverting the course of justice. It is a point you could have used in your defence but it is really no more than inconsistent statement.
I'm afraid the police have to act upon every report and investigate and they will not want to discourage reporting by acting against people in these circumstances.
I'm very sorry but that is the reality of your position.
Can I clarify anything for you?
Customer: replied 1 year ago.

but if it's false and they have lied, i have 2 section 7 reports and 2 addendum reports, where they have encouraged my children to lie, my ex was ordered out on a non mol order. He hasn't returned my son from contact.

His family are still trying to control me.

My daughter is 13 and had to send secret emails to say she was scred of them and they make them lie.

hat can i do to make sure they know they can't keep doing this to me, how do abusers get away this these malicious acts

Expert:  Jo C. replied 1 year ago.
People are always lying to the police in particular in the course of a relationship breakdown.
Anyway, they haven't lied. Your daughter has sadly. If she is 13 then she is over the age of criminal responsibility.
There is no way of guaranteeing that a person will not make false allegations I'm afraid. All you can do is defend them if they do come.
Had you asked in advance I would have warned you that this was the inevitable consequence of making allegations against him in the course of a non molestation order. It is always the same. Making allegations against people always seems to result in them doing it to you.
They may well continue. They are quite likely to be displeased that no action was taken. In the end, if enough false allegations or weak allegations are made then they do lose credibility.
You need to be careful with arguing they have made her lie. Firstly it is not possible to make somebody lie anyway. They may well have put pressure on her to make a report but that is not the same thing as forcing a person to lie. Also, the counter argument is that you 'made' her say it wasn't true which is something they are bound to rely on.
For what it is worth, I do think that making false allegations does amount to harassment and there should be a more accessible action available to victims. It is possible to sue for harassment if there are a large number of allegations but the specific difficulty in this case is that you did also make an allegation against him so it isn't wholly one sided.
Customer: replied 1 year ago.

sorry didn't understand when you said it's not one sided, and that i made an allegation against him?

Social services said i had to get and injunction order out as he was chastising kids.

injunction was in 2013, since then him and his family have made our lives hell. 2 false assault allegations, judge warned him twice in court to behave. Last kids hearing was in march i got the child arrangements order and my younger 2 live with me, him a contact order. But he has breached the agreement and not sent my son, my daughter returned as she told social worker she misses me and they encourage her to lie.

The anciallary hearing was in june where judge said he must transfer house to me, he has had the papers 4 weeks and has till 25th aug to sign, if not judge will. Since then his brother has caused me major problem, he rang my estate agent saying the house is not mine, i had buyers wanting house since him calling they have pulled out and i will lose deposit on a house i wanted.

I feel they will not stop this vile behaviour, it's about controlling me.

Even after judge warnings, my children are and have been damaged due to them.

How can they get away this?

Expert:  Jo C. replied 1 year ago.
Well, I imagine the non molestation order arose from some form of allegation? They are not usually available otherwise. You must have made some form of allegation against him and then it does become hard to argue that his allegations against you amount to harassment.
You need to be very careful with alleging a 'false allegation'. A false allegation means something that can be proven to be untrue. It might well have been disbelieved but that doesn't prove that it cannot be true.
In any event these are family proceedings with a lower standard of proof to the criminal courts.
The fact that your daughter is now saying that he encouraged her to make this report at least to you is not going to be sufficient to bring a perverting the course of justice prosecution. Further, ultimately she made the false statement and she is over the age of criminal responsibility.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience: Over 5 years in practice
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