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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
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I have been charged with harassment fear of violence. I have

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I have been charged with harassment fear of violence. I have to attend the police station to return for bail and get a court hearing date. I had a bad split up with my ex GF and all contact was by texts and phone. I was upset and maybe said horrible things , but then I would send her many texts per day wanting her back.
The police said they told my ex to send me an official warning by text to me but because it was from her I did not take it seriously. I thought the police had to send you a written confirmation of the warning and you had to be in breach of this atleast 3 times.
The only official warning I got from the police was a text message from them. Is this right? Then one evening while deleting my ex number I accidently dialled it by mistake but hung up. Next few days I got arrested and then bailed.
Now I been told I am charged. I am very shocked by how the police have used the procedure of warning me, by first telling my ex to text me being official warning. Is this right?
No I am worried of the court outcome. I have no previous convictions and not been in contact with her for 2 months since the incident
2 questions
What could be my likely sentence in court. Like I said it was lots of calls and texts over 2 week period, which I feel so stupid about
I do not believe I was officialy warned by letter correctly but by just a text message from the police.
Please help me.. Am worried
Thank you for your question. My name is ***** ***** I will try to help with this.
Has this young lady got a history of calling the police to personal disputes by any chance?
Customer: replied 3 years ago.

I am not sure. All my concern is the court outcome and the way the police procedure went from warning me through her and then by text.

Also at the time I was arrested it was for suspicion of harassment fear of violence.

I was told today by phone I have been charged but not what type of charge.

No, you will have been charged with S2 harassment which is really all this type of activity supports.
In terms of sentence, it depends on the nature of the messages and their number. You are probably describing a category two offence though which is likely to lead to a medium to high level community order, costs of £85 is you plead on the first offence and the surcharge. Also, there will be a restraining order preventing you making further contact.
You point about the warning is a non issue. Harassment warnings have no legal basis at all. They are entirely an invention of the police essentially to divert allegations away from prosecution. A text notification is perfectly adequate but even if there had been no warning at all repeated contact of this kind with no response is harassment.
Can I clarify anything for you?
Customer: replied 3 years ago.

For a first time offence of this sort is prision a likely possibility? or a suspended prsion sentence?

Also if community service, then I live 100 miles away in a different area.. will the community service be where I reside? Thank you

There were a lot of texts I sent to her per day for the first 5 days as I was out of the country and my only form of contact. but gradually they dwindled over the coming weeks.

What annoys me is I got arrested on an accidental missed call to her, which just rung once and I hung up.

She had stated to me on the phone she had planned this all when I go away..and I told this to the police, but I did not have the recording of the phone conversation.

This has caused me great anxiety and stress and depression over the past 2 months and I just want it over with and get my life back.

Yes, it is. It could happen. It isn't all that likely but it could.
The community order will be moved to your local area.
Harassments are usually a load of nonsense. It was always open to her to ignore it or change her number. You will be probably find she has a long standing history of calling the police to personal disputes. It never seems to happen to me. I seem to have personal struggles without needing the police to mediate them.
Customer: replied 3 years ago.

Thank you.

You said prison is unlikely but it could happen? Even if its my first offence? and its a summary only offence?

Please clarify this last thing.

If this is a S2 then it is a summary only offence.
if it S4 then it is either way.
But yes, custody is possible on first offences.
Customer: replied 3 years ago.

If its S4 then I am more likely to go straight to prison? As when we were arguing I did say threatening things to her because I was emotional.

Yes, but it is still not likely.
Customer: replied 3 years ago.

is this because its my first offence or its the nature of the offence?

sorry to go on. Just a bit confused of how courts sentence for first time offenders of this offence. Thanks

No, just that the Harassment Act does carry custody.
Generally speaking people don't get custody on a first offence.
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