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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70514
Experience:  Over 5 years in practice
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What If my husband withdraws the harassment allegation Will

Resolved Question:

What If my husband withdraws the harassment allegation Will I be informed by telephone or email? What are the process of doing this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Can you remind me of the circumstances?
Customer: replied 2 years ago.
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
03/09/2015 02:59
Customer: replied 2 years ago.
R u there
Expert:  Jo C. replied 2 years ago.
Is there any reason to think he would withdraw it?
Customer: replied 2 years ago.
no reason. Enquiry?
Expert:  Jo C. replied 2 years ago.
They may summons him if he tries to withdraw. They do have a policy of summonsing in domestic circumstances and you do have to remember that you have previously made an allegation against him all of which would normally mitigate in favour of summonsing.
Whether he answers the summons is another matter entirely.
If he doesn't then in the end they would have to throw their hand in but they would probably give you a harassment warning or a bind over.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
What is a summons
Customer: replied 2 years ago.
And what is bind over
Customer: replied 2 years ago.
Mitigate in favour of summonising?What do these terms mean?
Expert:  Jo C. replied 2 years ago.
A summons to force him to give evidence in court. They have been using them for many years now basically because so many people make allegations and then withdraw which is a waste of resources.
A bind over is a promise to the court not to commit offences during a prescribed period. Very rarely used now save for cases where witnesses don't attend.
Customer: replied 2 years ago.
I had an opinion from another solicitor they advised if he apologised for wasting police time in writing that case can be closed
Expert:  Jo C. replied 2 years ago.
That is completely wrong.
Firstly, he hasn't wasted police time. He has made a legitimate report to which I'm afraid you have no defence.
Secondly, if people have wasted police time the last thing they should do is accept it in writing.
Customer: replied 2 years ago.
Can u give immigration advice
Expert:  Jo C. replied 2 years ago.
I don't do immigration I'm afraid.
We do have an immigration section though.
Customer: replied 2 years ago.
With the allegation I made can I reopen the case as I feel it's unfair judgement
I am in process of complaining to ipp I think abbreviation is
Expert:  Jo C. replied 2 years ago.
No. Also, it would be an extremely bad idea as he will be saying that is part of your harassment of him and the fact that it wasn't even charged does help him.
If there has been a decision to take no further action then that is the end of the matter.
I really seriously would not complain to the IPCC. That will cause the police to be very sympathetic to him and they do have ways of taking revenge.
We have never had prosecution on demand in the UK. In principe, they should only be prosecuting if there is a reasonable chance of conviction although the reality is that they are charging far too many ridiculous allegations in recent years.
Customer: replied 2 years ago.
Exactly! True
I am awaiting counselling as it effected me tremendously
Expert:  Jo C. replied 2 years ago.
In truth, he probably has made this allegation because you made an allegation against him.
Whenever you make an allegation against somebody you give them a motivation to take revenge. It is something I would have mentioned if you had posted before doing it but you can't go back now.
Customer: replied 2 years ago.
Yes it was revenge on his part
To b honest I've never harassed anyone in my life nor been in trouble with the policeHe has used me so much that I will b in touch with the immigration, I would tell you about this but if it's not your field I will contact them of you can put me through to them.
When he separated from me....
He had no reason to separate from me- in the divorce petition he has put down interference from ex partner... That's his reason for divorce!
Will the judge grant this divorce
Expert:  Jo C. replied 2 years ago.
I wouldn't know. Don't do divorce either. I would imagine that probably it would.
He will be saying that you have made this allegation to get revenge and subsequently harassed him. The trouble is that the phone calls aren't really consistent with the allegation you made and that is a major problem.
I would just leave him alone. If you make a report to immigration that will rack up his desire for revenge and his allegation is the stronger at this stage.
Customer: replied 2 years ago.
Ok thanks
I'm just going to wait until October
And see what will happen to me and my career
It wasn't intentional harassment, I had no idea that telephone calls are harassment
I would have never done it if known
I am a professional teacher and extremely unknown to this
Expert:  Jo C. replied 2 years ago.
Phone calls arent' per se although they are rather inconsistent with an allegation of rape.
The issue here is the volume of phone calls made to a person who was not responding.
Customer: replied 2 years ago.
I'm understanding this now
But if the calls are not going through- I'm a blocked number to him, only his friend knew I was trying to call him and possibility is he had unblocked me to take revenge
I'm not sure if police are investigating this or are they just wanting to caution me or convict me because ( they have nothing better to do)
Expert:  Jo C. replied 2 years ago.
It doesn't matter whether they are going through or not. He is receiving notifications. Fifty a day is just too many.
I would imagine they are taking CPS advice.
Customer: replied 2 years ago.
I would call him that many times and vice versa about that many times when we were together!!!!
Expert:  Jo C. replied 2 years ago.
Yes, but you weren't and he wasn't responding.
Customer: replied 2 years ago.
Yes I see the difference
Sorry I'm not into these cunning ways so I don't think negative of people
That's probably y he took advantage of me
Expert:  Jo C. replied 2 years ago.
Just wait to see what happens on the bail back date.
Customer: replied 2 years ago.
I'm very stressed
I can't function
I can't eat
I can't sleep
I'm not totally there for the boys(sons)
I'm lost
I feel vulnerable
Expert:  Jo C. replied 2 years ago.
Yes, I understand but you can't go back and undo events now.
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