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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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I have been accused of harassing my husband, I was taken into

Customer Question

I have been accused of harassing my husband, I was taken into custody for questioning and released on bail.
He has informed the police that I have been calling him 50 times or more.
I have been trying to call him, but knowing I was a blocked number, I still tried as I thought he may answer the call. I was calling him because I wanted to know when he would be applying for the divorce.
(In April I had reported him for raping me, unfortunately due to lack of evidence the case was closed.)
I am at the moment contemplating whether I should use the company solicitor on duty in custody to represent me. Please can you advise me as I am very distressed
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.
The duty solicitor is just as good as any other solicitor so he will be perfectly fine.
If you have been calling with no response repeatedly then that is harassment I'm afraid. If it volume of phone calls then probably it will just lead to a caution. It depends on a number of factors. Clearly it is too serious for a harassment warning or that would have been their starting point.
50 times or more is a lot though I'm afraid.
Probably a caution would be adequate for a first offence. That is presuming you are otherwise suitable.
If they do charge it and send the matter to court then that will probably be that their game is to get a restraining order to prevent you further harassing him but actually that really doesn't do much more than a caution and a harassment warning.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
how can I appeal as I didn't call him to harass him, I feel he is taking revenge, because I reported him
Expert:  Jo C. replied 2 years ago.
You can refuse the caution but it is a bad idea.
This is harassment. This number of calls is just plain harassment. The question is not your motivation but the reasonable person and the reasonable person would think this is harassment.
You will be convicted at court.
He is probably also saying that the initial allegation you made is part of your harassing conduct. It depends whether he has had advice. Making allegations against a person can be harassment. The police won't act upon that but the civil courts will.
Customer: replied 2 years ago.
why was I not given a harassment warning letter and taken to custody. I didn't even get a call from Westminster police station to inform me and my local police officers arrived instead......
Expert:  Jo C. replied 2 years ago.
Probably because there are too many calls for a harassment warning to be appropriate.
Customer: replied 2 years ago.
can you advise further on this case anything else I SHOULD KNOW to represent on the day of my bail?
Expert:  Jo C. replied 2 years ago.
On a police bail back there is not much that happens.
It is not likely they will be any subsequent interviews.
If you had a solicitor originally then it probably would have been resolved by now.
All that happens is that you are charged, cautioned, rebailed or NFAed.
Customer: replied 2 years ago.
do you recommend I take on the solicitor very quickly?
what is NFAed?
Expert:  Jo C. replied 2 years ago.
In truth, you really needed them for the interview. You cannot go back and undo that now.
It is probably better to get one but they may not be willing to accompany you for a bail back because legal aid doesn't cover it.
No further action. I wouldn't rely on that.
Customer: replied 2 years ago.
they did represent me in custody, but the solicitor on duty said wait until they investigated, I received the solicitor documents today, so I think I should fill it in and send it to them
Expert:  Jo C. replied 2 years ago.
Yes, they will be absolutely fine.
Obviously he has seen the evidence and I have not. It might be that they cannot prove the number of calls in question.
Customer: replied 2 years ago.
how can that happen
Customer: replied 2 years ago.
also I never spoken to him, at all
Expert:  Jo C. replied 2 years ago.
It isn't very likely. Calls are easy enough to trace and you accept you have been doing it.
It is possible.
Not speaking to him is really an aggravating feature because they will be saying that you must have known that he didn't want to be contacted and persisted. Also, after an allegation of rape against him which was rejected it gets difficult to argue that this was reasonable I'm afraid.
Customer: replied 2 years ago.
whenever I called, the phone did not ring and went straight to voicemail...
Customer: replied 2 years ago.
the bail letter states I shouldn't contact ex indirectly or directly, and to prevent witness intimidation-what does this mean and can my son call him to talk to him?
Expert:  Jo C. replied 2 years ago.
It means you can't contact him either directly or by getting others to do so.
Your son calling him could be indirect contact if he passes a message on.
Customer: replied 2 years ago.
He is currently speaking to him on his own accord is this still indirect contact?
they were always on good terms, IS THIS JEOPARDISING MY CASE FOR INDIRECT CONTACT?
Expert:  Jo C. replied 2 years ago.
No, that would be indirect contact.
The only issue there is that it leaves you open to allegations but actually they are quite difficult to prove.
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.
I AM ABSOLUTELY TERRIFIED OF HAVING A CAUTION ON MY NAME. IT WAS NOT MY INTENTION TO HARRASS HIM.THANK YOU FOR THE INFORMATION, ALTHOUGH ITS NOT POSITIVE FOR ME.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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