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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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A complaint of "unwanted contact" has been lodged against

Customer Question

Hello
A complaint of "unwanted contact" has been lodged against me with the police by an ex-partner. I have been contacted (by e-mail) by a community police constable with a view to arranging a telephone conversation, which has so far not been possible. I am being asked to speak to him on a purely voluntary basis.
As far as I am concerned, the complaint is frivolous and mischievous, and I would like to know what my legal position is if I decline to speak to the constable, with a view to having the complaint withdrawn or taken to the next stage - i.e., some sort of formal charge.
Do you have any advice for me?
Thank you
Jeremy Rose
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Of course it is frivolous but it will be malicious rather than mischievous. There is not much genuine abuse in the UK but a whole load of childish people using the police to get revenge.
What is the allegation specifically?
Customer: replied 1 year ago.
It's rather complicated and I'm a very slow typist! The allegation is basically one of harassment, but as I say, I am absolutely confident that there would be no case to answer. Is it possible for you to let me know what would be the situation if I refused to (voluntarily) speak to the community PC, and put the ball back in the complainant's court, so to speak...
Customer: replied 1 year ago.
Sorry, but do I just wait on this page for your response..?
Expert:  Jo C. replied 1 year ago.
They will come round and arrest you. It is not a good idea.
Probably all they want to do anyway is give you a harassment warning which they will do at some point whether you are agreeable or not.
It isn't a good idea to refuse to cooperate with the police. You need to be the reasonable person in all of this. They will probably have formed a view that she is wasting their time but if you upset them the whole thing will be turned on you.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I suspected that would be the case. Do I really have to accept a harassment warning even though no harassment has taken place?
Expert:  Jo C. replied 1 year ago.
It doesn't matter whether you accept it or not. A harassment warning is no more than an invention of the police. It is a way of diverting allegations away from court. It doesn't comment upon the truth of the allegation. All it does is fix a person with notice that further contact would be considered harassment.Further contact would be a mistake for other reasons because this person is an accuser. Accusers always cause trouble in the end.
Customer: replied 1 year ago.
Thank you. That's all very clear. I have to say that it hardly seems fair that the accuser appears to win without my side being heard. Heigh, ho...
Expert:  Jo C. replied 1 year ago.
Oh yes, the law is very heavily biased in favour of accusers. That is all very well in the rare instances of genuine abuse but in the majority of cases it is all a load of nonsense.
You can always sue for defamation. It isn't that easy but you could in principle.
If she carries on then you could sue her in harassment but you need more than one allegation.
Customer: replied 1 year ago.
Am I allowed one final question? During the brief time of our relationship, I transferred approximately £1,000 into the lady's bank account. Would it be more trouble than it was worth to try and recover that..?
Expert:  Jo C. replied 1 year ago.
It depends. Possibly.
What was the arrangement about repayment?
Customer: replied 1 year ago.
Ah... No repayment was ever considered because at the time we were planning a life together and I was helping her out...
Expert:  Jo C. replied 1 year ago.
Ok. That is likely to be considered a gift then. It is unusual to gift money though. It is just not really a romantic gift.I don't know whether it was consequent upon any condition that hasn't been fulfilled?
Customer: replied 1 year ago.
No, no, not at all. I had the money and she needed it. Nothing more. There were plenty of more romantic gifts, though..!
Expert:  Jo C. replied 1 year ago.
That is a shame. Probably a bad debt then I'm afraid. Never get involved with women who scrounge money off you or women who have a background of summonsing up the police to domestic rows. Whatever their excuses, however sincere they sound, they are fixing you with notice that you will be the subject of their next allegation. Normal women get through their whole lives without ever even once summonsing up the police to play at a personal dispute.
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I thought so. The money was freely offered and genuinely reluctantly accepted, however. As I said, Heigh, ho...
Many thanks for your help. It's definitely time to draw a line...
Regards
Jeremy Rose
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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