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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My ex girlfriend made an allegation of unlawful imprisonment

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My ex girlfriend made an allegation of unlawful imprisonment and assault.She told the police that we broke up two months ago and when she came to collect some stuff at 20.00pm from my home, I started arguing with her and asked her to go for a drive, when we both got in the car i locked the car and drove from 20.00 pm to 06.00 am.she accused that during the journey i verbally abused and spat on her.
In fact, we were still in a relationship till that day though she said we broke up two months ago. I have messages, phone calls duration, hotel booking where we stayed in that two months to prove it. Though she she came at 20.00 pm she actually came at 2.00pm and i found that she is cheating on me by some messages on her phone and we had an argument about it.CCTV might have recorded that she came around 2pm. We went for a drive like we always do after an argument around 23.00 and came back around 1.00 am. I told the police i wouldn't be able to lock anyone in my car as it locks as on driving but can be unlocked anytime except child side.Though she said we drove till 06.00 am, we were in fact at home, one of my housemates opened the door for her around 1.30 am as she accidentally locked herself out of the house. I'm emotionally drained with all these. After she left i sent her messages, voicemail and dropped a letter to say i forgive for what she has done, i am happy for her to move on and have a good life. But now she want me in trouble. i am waiting for the police to complete their investigation.Any advice would be greatly appreciated . Thank you
Thank you for your question. My name is ***** ***** I will try to help with this.
Amazing how they all remember their partners in hoods chanting satanic verses when the relationship has ended.
What would you like to know about this please?
Customer: replied 2 years ago.
How can i prove my innocence here? what will happen next?
Customer: replied 2 years ago.
would i get charged for her false allegations?
I'm afraid that is not really realistic.
There are no magic wands to prove innocence. It depends upon the evidence that you have. If you have an alibi then that would be useful depending on it's merits.
What you do is deny the allegations if they are untrue but that doesn't prove innocence. It just creates doubt possibly.
I'm afraid it is very unlikely she will be charged with anything. Women make false allegations of this nature all the time and they are almost never charged. Very occasionally they get wasting police time fines but I wouldn't bet anything valuable upon it.
it is very unlikely you would be charged with false imprisonment. It i a very high test and there are lesser offences that apply.
Can I clarify anything for you?
Customer: replied 2 years ago.
I do not want her to get charged or cause any trouble.If i can prove that we are still in a relationship when all this happened though she is saying we broke up two months ago, would i be able to prove it was not an imprisonment it was a usual drive we normally do when we have an argument.My housmates will be able to prove that we were here around 1' o clock though she is saying we were driving till 06.00 am.Also police can look at the camera.What is classed as a unlawful imprisonment? if we are in a relationship and had an argument and going for a drive for 3 hours ! is it false imprisonment?I had some pictures taken on that day and is in my phone..police has my phone with them as i told them i got pictures together, they told me they will transfer all the data and will give my phone back. My bail ends on august 19 would i be able to get my phone back before that?
No. Whether you are in a relationship or not is a non issue.
False imprisonment is an offence contrary to common law but basically if you took her for a drive when she did not want to be taken and she made that clear to you then the offence probably is made out.
Customer: replied 2 years ago.
thank you for your reply.i didn't force her to go for a drive…we normally do when we have an argument…how can i prove it was voluntary not forceful? how can she prove it was forceful. how it is even possible.we been in relationship for two years
I'm afraid that is not really realistic.
There are no magic wands to prove innocence. It depends upon the evidence that you have. If you have an alibi then that would be useful depending on it's merits.
What you do is deny the allegations if they are untrue but that doesn't prove innocence. It just creates doubt possibly.
She would make her allegation and it would come down to who is believed.
is there any reason you think it couldn't be possible? The fact you are in a relationship doesn't mean there can't be offences. Am I missing the point?
Customer: replied 2 years ago.
than you…what will happen to me next?would i be able to get my phone back?
They won't charge you with false imprisonment. It is very hard to prove.
I suppose they might find a public order offence to rely on.
You should recover your phone unless they find evidence upon it that they rely upon. Even then you would get it back at the end of the case.
Customer: replied 2 years ago.
what is a public order offence??
An offence under the public order act.
Probably S4 or something similar to that.
Customer: replied 2 years ago.
I'm sorry i don't know what is a s4
Conduct amounting to threatening, abusive or insulting words or behaviour.
Customer: replied 2 years ago.
i never been an abusive person, doesn't have any criminal records, I'm well respected community nurse. police have seen my text messages and letter, i wrote as i forgive you for what you have done, you can move with your life, if you need me ill be there for you. never ever mentioned anything of any abusive or threatening in my letter. i even apologised for arguing with her though she cheated on me.
Well, possibly but she is alleging that you behaved differently to the way you accept that you did.
Customer: replied 2 years ago.
is arguing with your girlfriend an offence???
Not of itself but it can carry offences depending on the nature of the row.
Given that she is alleging false imprisonment it is likely that some offences apply
Customer: replied 2 years ago.
i have bail till next month 19th…what will happen from there?
They will either charge, rebail or take no further action.
It is impossible to tell which.
The police will usually tell your solicitor which is being preferred. I presume you did not refuse the solicitor you were offered at the police station.
Customer: replied 2 years ago.
no i have a solicitor from the police station. does this allegation affect my job as community nurse??
Yes, it could because you will be enhanced checked but not at this stage.
Even if you are convicted it would be something that the NMC would consider but probably wouldn't have much impact.
Customer: replied 2 years ago.
thank you very much for help…much appreciated
No problem and all the best.
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Customer: replied 2 years ago.
Hi Jo,Past few weeks I been collecting information to prove what my ex has accused are false allegation.Could you please have a look at this and advice me what you think about it from your experience.
Customer: replied 2 years ago.
As far as I can think of the allegations,Sam has given police a false statement that our relationship finished two months ago and she came at 20.00 on July 4th Saturday to collect some stuff from my house and I got into argument with her and asked her to go for a drive.And I locked her in my car from 20.00PM on 4/7/15 till 06.00 AM on 5/7/15.While driving I spat on her and being verbally abusive.Also kept her phone with me.Then I messaged her,sent voicemail and dropped a letter at her house on 10/7/15.
Customer: replied 2 years ago.
1. Our relationship finished two months ago(May 2015) - I can prove that it is a false statement and prove we were in a physical relationship till 4/7/15, I have itemised call history to prove that we been talking to each other for hours every single day before May 2015 and after May 2015,I have whats up messages to show that we been in a relationship till July,We stayed in Hilton,Watford on 13th June check in 15.00 and check out on 14th June 2015-CCTV at reception should have our images.We went to phantom of opera on 13th June at Her majesties theatre in London at 19.30,seat numbers G17 and G18 Grand circle.I have copies of hotel and theatre bookings.We had taken pictures while in bed on 4/7/15 around 16.00 and has in my phone-It is not date stamped since I transferred them to my email-but it can be easily brought back though it is deleted from photo library.
Customer: replied 2 years ago.
2.She came at 20.00 on July 4th to collect some stuff- Sam actually came to stay with me around 14.00 pm on 4th July-ANPR camera would be able to prove that.Sam does not have any belongings at my house, I given back a watch and hand hoover which she gifted me since I didn't want any thing which reminds her in my house.Sam still have my guitar and wall pictures which I left with her when I moved to cambridge-I don't want them back.
Customer: replied 2 years ago.
3.Got into argument and asked her to go for a drive- I don't know how many ex girlfriends go for a drive with their ex boyfriends after an argument at 20.00 PM- It is a false allegation. We did not wake up till around 20.30 I think but we did have an argument over hiding phone and being strange. That did sort of solved like we always do, it is very normal for us to go for a drive to clear up things since we were in relationship till then.
Customer: replied 2 years ago.
4.And I locked her in my car from 20.00PM on 4/7/15 till 06.00 AM on 5/7/15: I won't be able to lock anyone in my car,my car will automatically lock after drive off but anyone except the child seat can unlock the door from inside-I welcome any one to check that.Sam knows that better since we both went to see the car twice and drove and bought it. I'm sure we didn't go for drive till around 23.00 -mainly because we missed to go to a restaurant and they closes at 23.00 and usually we go and get something from services or MacDonald. We got back to my home by around 1.00 AM on 5/7/15.One of my housemates was in the kitchen and open the door for sam when she locked herself out around 1.15 when I went to get her phone from my car which she left it in there.He was cooking then I'm sure he wouldn't stand there and cook at 06.00 AM.ANPR cameras can prove that I was not driving in cambridge before 23.00 and after 1.00 AM. I remember driving to sam's late on 21/6/15 from swaffham and got hers after 00.30 on 22/6/15 after an argument about silly stuff and she wanted to see me- My phone was connected to her wifi,I must have used long stratton networks on that day-Just want to say late night drive and meeting up was very normal for us and we get things resolved very easily.
Customer: replied 2 years ago.
5.While driving I spat on her and being verbally abusive: It is not true at all and its not like me, I did record some of her conversations with this new guy before we left home but didn't get a chance to read them,It was recorded at 22.30 thats why I'm sure we didn't leave my house till 23.00. Sam clearly lied after lie to me that she never speak to him and all that.I told her that what about the messages in whats up but by then she deleted them from her phone. I stopped at lay bay and shown her the video and thats when I read them too. It was heartbreaking for me to see the sexual conversations and about their meet up. Sam cried and said she was drunk when all this happened and slept with him once but didn't want me to know and all that. For me it was the end of our relationship,It would have been different if she didn't lie to me but till I shown her the video she lied. I wasn't verbally abusive I was emotionally drained and all I was kept asking was why she done this to me. She knows that if she wanted to move on I wouldn't stop her decision but I didn't think she would ever do that. We both were emotionally drained and I know she is guilty of what she did and can't take it back. We both went to Macdonalds and got two drinks and drove back home. I told sam that she can stay at my house that night and can leave in the morning-I was worried her driving back that late after just being broke up.Sam stayed at my house and left home around 6.30 on 5/7/15.
Customer: replied 2 years ago.
6.And I kept her phone with me: I didn't do that,after we had an argument at home about hiding phone and all,she let me look at her phone and said look at my messages and Facebook and there is nothing to hide.She was telling the truth there was nothing on there till I looked at whats up messages later.She had her phone when we left home thats when she deleted all the messages with this new guy but she left the phone in my car when we got back. Thats when I went to get it from car and she then followed me and locked her self out and my house mate opened the door for her.Sam went out through front door but I came back through the alley way to the garden where I have direct access to my bedroom.She had phone with her straight way when I got back.The phone was not an issue at all then when we both know we are not going to get back together ever.
Customer: replied 2 years ago.
7. Then I messaged her,sent voicemail and dropped a letter at her house on 10/7/15: It is true, I started my new job on 6/7/15 and I found very difficult to cope.Before Sam left my house I unfriend her from Facebook,asked her delete my numbers and all,and I did the same. I struggled a lot that week and It broke my heart to think sam probably going through the same emotions. I know the relationship was over then but I still had my care and feelings for her.I thought she probably would have contacted me to apologise if she had my number.I didn't have her number to contact her too. I wrote her a letter explaining that I forgive her for what she has done and she can move on and all that.There was no threatening or abusive writing on my letter.I wrote her to say to let me know that she is okay. That was the first time ever I was writing a letter to Sam.I wanted to post it but couldn't remember her house number-I got confused between 15 or 17 ***** ***** close thats why I decided to drop that letter off. I thought she might ring me but she didn't, I found her number from my voicemail and rang her and sent voicemail but no abuse or threatening. The last voicemail I sent was to let her know that I tried my best but never phone her back ever which I did till date.
Customer: replied 2 years ago.
Now I know why she reported me to the police that we broke up two months ago and came at 20.00 pm and I locked her in my car till 06.00.Sam's friend Sarah told me before i got arrested that Sam told her that we are not seeing each other though we were. Also, I messaged this guy that we broke up that day because of him but never been threading or abusive him too. I believe that sam want him to believe that we broke up two months ago and didn't come that day to stay with me but I locked her in my car till 06.00.
Customer: replied 2 years ago.
It is being that hardest time of my life and I struggled a lot with police interview and employers interviews.I have contacted False allegation organisation and National mens advice line to discuss about what I'm going through which helped a lot to not to do any stupid things to my life. I'm not got over to this but I'm used being emotionally hurt but will fight to prove my innocence.
I know its a quite long mail but I would appreciate from your experience how these evidences can help with my case. Is there any other allegations on me apart from what I have mentioned here?.Is there anything which I done is not legally accepted?.
Thank you,
Kind Regards,
I'm very sorry but you will need to ask another question about this as I'm afraid this exceeds the original question value.
Customer: replied 2 years ago.
Sorry i didn't get what you mean?