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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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My son is victim of what appears to be a revenge plot by his

Customer Question

my son is victim of what appears to be a revenge plot by his ex girlfriend and her family. he was arrested last week and bailed till 1st Dec. They have a beautiful 9 month old son who is being used as a weapon. the ex girlfriend has made allegations of domestic violence. No police or GP involved, no evidence, as it never happened. I can say this as both of them lived at my home with my husband and I. after falling pregnant after 2 months the girlfriend was given an ultimatum by her mother and father, "us or them". She chose my son and had to come and live with us. she was welcomed into my home and treated like a goddess and the daughter I never had. 20 months later after 2 wks of moving into their own rented place,(fully kitted out by us and my son) they had an argument (not a fight). she called her mother around who demanded my son left. which he did, not very happy, but left the flat, kitted out to her. my son for the following couple of weeks had contact with his son, although it was very clear that as her parents where back on board this was becoming very strained. I started keeping a diary as she started displaying irrational and bizarre behaviours. accusing him of pushing her about, bending her fingers back and it appeared she was goading him to react. this in mind I told him to back off as it didn't sound like she was pulling the shots. Now the allegations that she has stated are so scary, it makes my hair curl. My son and my family have evidence that she has had nothing but a "life of Riley". what concerns me that our flawed law system which sees the woman as an advantage, not the man. therefore will be less sympathetic to my son, even when no evidence what so ever!!!! she is clearly looking to seek an advantage in controlling my sons contact with his little boy. what a shame, its not about who will win or lose. as everyone will lose, especially my beautiful 9 mth grandson. they have lost a relationship they thought would last forever. but this may lose my grandsons dad. sorry I have gone on a roll here, but we have got a crime solicitor, but wish we had a solicitor who has dealt with false allegations in domestic violence. I live in Sefton, Mersyside. many thanks for listening and if you could advise, would be sincerlely grateful.
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, of course he is. There isn't much genuine abuse in the UK. Most of the allegations are made by childish people using the police to mediate their rows.
Is there something you wanted to know about this particularly?
Customer: replied 12 months ago.

When the police take her statement to CPS when there is clearly no evidence and it is all hearsay. we have been told that the law will be more in favour of her due to her vulnerability as a young mother. (20yrs) and to cover themselves they may charge him a lower charge. can this be true. OMG.

Expert:  Jo C. replied 12 months ago.
It isn't hearsay. She is making a direct allegation.
Yes, they do charge far too much and there is a shocking bias in favour of women.
Yes, they probably will charge the lesser charge. There are lots of reasons for it. On the face of it you seem to be describing a common assault anyway though so there isn't much lower they can go.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 12 months ago.

Sorry, getting confused with the hearsay.

What I meant was it is her word against his.

she has no injuries, no police or GP records.

can they still charge him without any proof what so ever??

Is there something I could do?

again thank you for your time, especially on a Sunday.

Take care

Expert:  Jo C. replied 12 months ago.
Yes, I know what you mean.
Yes, they can still charge on that basis and they probably will. They do have prove. They can rely on her allegation. If it isn't sufficient then that is another matter.
The trouble is that cases never really do turn on one person's word over another. There is always something that makes one more credible than the other in some way. That doesn't always get convictions but it does put CPS in a position where they can charge.
Her game will be to disrupt contact. Just get a contact order from the family court so the whole issue doesn't depend on her tantrums and when she fails to comply with it then HE can take HER to court and SHE can explain to a Judge why she shouldn't go to prison.
Customer: replied 12 months ago.

Thank you Jo.

Hopefully meeting tomorrow with family solicitor to get a contact order from family court will put our minds at rest.

If my son did end up being charged, would this stop him being able to get a contact order.

Surely my son has rights to see his child even if charged.

They were not married, but his name, signed by both of them is on baby's birth certificate. Therefore he has NPR, non resident parental responsibility. ????

Expert:  Jo C. replied 12 months ago.
No, not usually.
He might get supervised access for a while but it is not going to be fatal.
I don't do family so not sure about parental responsibility but unmarried fathers have much the same rights as married fathers now in the long run.
She won't stop him getting access in the end.
Customer: replied 12 months ago.

Thanks again Jo

I will leave you to your Sunday now.

Expert:  Jo C. replied 12 months ago.
No problem.
All the best.
Customer: replied 12 months ago.


Could you direct me to list of solicitors in Merseyside that offer legal aid for family law. there apparently are not many of them.

cheers Julie

Expert:  Jo C. replied 12 months ago.
No, there aren't.
You can always call the law society.
I am in London so I don't know anyone in Merseyside. I could have a look online for you.
Customer: replied 12 months ago.

that would be great.

I have tried to google myself, but just law advisory sites come up.

thanks again Jo


Expert:  Jo C. replied 12 months ago.
If you google defence solicitors in merseyside that calls up a fair number. They may not all have legal aid contracts now.

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