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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience:  30 years as a practising solicitor.
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My brother was falsely accused of domestic violence by an alcoholic

Resolved Question:

My brother was falsely accused of domestic violence by an alcoholic Ex partner. He was held in a cell for 3 days till he appeared in court. He was given an injunction to stay away for the Ex partner. What are his rights. There is a child involved but it is not my brothers. They have lived apart for over a year because of her drinking.
Submitted: 2 years ago.
Category: Scots Law
Expert:  clairep80 replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk is he in and what are his concerns about the matter?
Clare
Customer: replied 2 years ago.

What information do you need please

Customer: replied 2 years ago.

What information do you need please. He lives in scotland. Does not live with Ex girlfriend. She has done this before, made false statements about Ex husband. In previous relationship.


Suffer from an alcohol problem. Leaves child of 11 on his own. Child is frightened when his mother drinks. That is why my brother went to her house. He son wanted to stay with my brother at his house.

Expert:  clairep80 replied 2 years ago.
Hi
Thank you for that - Scottish law is different so I shall opt out and transfer you to the correct section.
There may be a delay but please be patient - my colleague is well worth waiting for
Clare
Customer: replied 2 years ago.

Thankyou clare. He works with the young homeless and adults with mental health disorder. He is worried about losing his job because of this false claim.

Expert:  JGM replied 2 years ago.
Thank you for your question.

When did this incident happen?

When he appeared in court did he plead not guilty?

Was a trial date fixed?

As far as the civil interdict is concerned has he had the chance to defend that. Where is that action procedurally just now?

Has your brother engaged a solicitor!
Customer: replied 2 years ago.

Sunday 22/6/2014


Pled not guilty on wenesday


Court case planned in Sept


Didn't ask for a solicitor till day 2 in cells.


Thought because he was innocent that would listened too by Police.

Expert:  JGM replied 2 years ago.
As far as the civil interdict is concerned has he had the chance to defend that. Where is that action procedurally just now?
Customer: replied 2 years ago.

He has been served a injunction. In place now until September when court case date is.


Can he provide character references prior to the court appearance or does he need to wait till the court day.


He obviously will not try or be in Contact with the person or child concerned.


He is concerned about his job and if he needs to disclose this pending court case. This may cause him to lose his job which would cause immediate problems.

Expert:  JGM replied 2 years ago.
There is nothing he can really do at the moment other than to work hard to get the trial prepared so that he can clear his name.

He should get written character references but also ensure that the solicitor cites the referees to give evidence at the trial. His solicitor will get copies of the evidence of the prosecution witnesses. Your brother will have to comment on this evidence so that the solicitor can prepare his cross-examination.

There is no such thing as an injunction in Scotland. The Scottish term is interdict. If a separate action has been raised and an interim interdict granted in the civil courts then your brother will have the opportunity to lodge written defences to the allegations made in writing against him. Again, that is something that his solicitor will help him with and is another good way of expressing his own opinion on what actually happened at the incident.

As far as his job is concerned, he will know whether, as a matter of contract, he has to disclose this matter to his employers or not. Certainly it is likely that a conviction would have to be disclosed. Whether he has to disclose that he has been charged is a matter that he will have to check himself.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thankyou for your reply it has been most helpful. I will pass your information onto my brother.


 


Many thanks

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