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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8535
Experience:  I have been practising for 30 years.
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My son is in a relationship with a girl who has previously

Customer Question

My son is in a relationship with a girl who has previously made serious false allegations of domestic violence against him. She changed her statement on the day of the trial & after nearly 9 months of being charged with GBH the charge was reduced to common assault. They were separated for over 3yrs but now are seeing each other again. He has shared with me tonight that he is very very scared as they are arguing constantly and he wants out of the relationships but she doesn't. She is threatening to call the police, make up allegations against him and have him arrested again if he leaves her. He doesn't know what to do and is fearful that if he upsets her in anyway she will do this. he has told me she is violent to him and shown me scratches on his body which he states are from her. He says she is constantly physically, emotionally & verbally abusive to him and constantly taunts him about false allegations as a way of controlling him. Please can you give advice on how best to protect himself before he ends the relationship as he firmly believes this will be the catalyst to false allegations being made.
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
My son is fearful of going to the police due to the previous common assault conviction against him with the same girl & the likelihood of her being believed over him. She has told him her neighbours have heard arguments between them & witnessed him in an angry frustrated state leaving her home therefore she has witnesses to back up her story. He states they have argued and it is very possible the neighbours have heard this and seen him slam her front door and speed off in his car. This young lady is extremely manipulative and tenacious previously submitting very serious accusations in a police statement which she only changed to a significantly watered down version after advice from the crown prosecutor the 1st day of trial at Crown Court after counter evidence from my son's barrister threw her credibility into serious doubt. He accepted a guilty plea of common assault and a 2 yr restraining order as he had always accepted responsibility for pushing her not choking,slapping, throwing her to the floor & threats to kill as she had stated. The judge involved in this trial voiced his shock at the significant changes between her two statements, would not award her compensation and advised my son to adhere to the restraining order for two years & beyond for his own benefit. He knows as do I that accusations will come and we are both very fearful that this time she knows just what to do to make herself more credible a 2nd time round.
Expert:  F E Smith replied 4 months ago.

This is obviously a very difficult situation and if your son doesn’t want to go to the police, what kind of legal solution are you both looking for?

Customer: replied 4 months ago.
How best to protect himself against false allegations. Any legal safe guards he could put in place. Like legally documenting events somewhere. Something that would stand as some form of evidence if needed.
Expert:  F E Smith replied 4 months ago.

More evidence that he has, the better.

I would suggest that you kept a detailed diary even when things are going good or bad containing anything that may be slightly untoward and he makes a note of dates and times. Make sure she doesn’t see it!

Discuss things with his solicitor and express his concerns.

I would suggest that he tells the police exactly what he is going to do to leave her and expressed his concerns to them that after she goes, she was going to make unfounded allegations because she has been blackmailing him (making unwarranted demands with menaces) that if he leaves, she will do this that and the other.

If he has Text’s what she has threatened, he should make sure that he keeps them. He should keep dated photographs of his scratches.

if any previous incidents have been reported to the police by her and nothing has happened with them, he needs to make sure he has those dates and times and puts them in front of the police when he sees them.

If he is genuinely concerned about this, he can literally walk out and then apply to court for an emergency injunction to stop her contacting him. That would only be pending a full hearing and it’s a 50-50 chance he would get the injunction. Ultimately, what he is trying to do is protect himself from her lies.

Generally, the police will favour whoever makes the first report.

A you appreciate, there is no easy solution to protect your son from the lies of an accomplished and convincing liar.

If he can secretly video her tantrums, although they may or may not be admissible in court, they would certainly help to stave off any police action.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

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