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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71158
Experience:  Over 5 years in practice
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My ex is at court tomorrow facing harrassment charges against

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My ex is at court tomorrow facing harrassment charges against myself, i have already wrote to the judge asking for leniency/ dismissal of charges as i dont want him to lose his job or not be allowed to see his son because of this. His solicitor says if i attend the hearing and he declares to the judge there is a possibility of reconciliation it is likely the case will be over tmoz. Is this true and will i have to say anything if i am just sitting in the gallery?
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this the first time you have contacted the police in relation to this please?
Customer: replied 3 years ago.
Yes it is the first time.
I presume that includes other relationships? So this is the first time you have ever called the police to a relationship issue?
Customer: replied 3 years ago.
Yes it is the first time in this or any other relationship.
Ok. Good.
Is it listed for trial or first appearance?
Have you made a retraction statement ?
Customer: replied 3 years ago.
Its a first appearance, i havent retracted my statement just wrote a letter to court.
There is no point in that.
What did you allege happeend on this occasion?
Its rare that they go straight to charge and not harassment warning first?
Customer: replied 3 years ago.
When we were together he was drinking a lot and continuosly texting and calling me while i was in bed at night, the police have evidence of this on my phone also shouting and swearing. I left him thru night taking our son then called the police to make them aware of the situation they arrested him the next day and i made a statement because i was upset.
This is a difficult situation. There is absolutely no point in writing a letter for the Court. Whether to withdraw charges is a matter for CPS alone.
If you make a retraction statement to the police then they may drop the charges. They do have a policy currently of summonsing with domestics. Unfortunately there are some women who seem to think the police are a mediation service and they have really had enough of having their time wasted. However, in fairness, you have not done this before and the allegation that you did make was not the gravest. They may let you withdraw.
Equally it might just tip them off that they need a summons for you but then if they don't work that out when you attend court with him then they are truely incompetent!
Ultimately a summons is fairly unenforceable if a person just plain refuses to attend but that will lead to several weeks on bail and the avoidance of officers.
Can I clarify anything for you?
Customer: replied 3 years ago.
Do you think i would be better not attending and just letting things run its course, what is the likely penalty to be for him?
Ignoring a witness summons does carry risks for you but not significant ones and they would have to drop the case ultimately.
If you want to drop the case then the right course of action would be to retract.
Whether its the right thing to do is really an issue for you. For what its worth, I can completely see why you are reluctant to involve the police in a relationship issue. The only difficulty is that you had already approached them and then you lose control.
Customer: replied 3 years ago.
What is the likely penalty if he pleads guilty and i dont retract?
It depends on the nature of the harassment but probably a fine and a restraining order to prevent you having contact.
He will be allowed to see his son though.
Customer: replied 3 years ago.
Ok thankyou.
No problem and all the best.
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