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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I have been threatened with harrassment by my husbands ex affair

Customer Question

I have been threatened with harrassment by my husbands ex affair partner. she and her husband have contacted me on a number of occassions. I have also tried to contact her to get her to answer questions about the affair ( I have not issued any threats) and she is now saying she will prosecute me for harrassment. can this be done
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How many times have you contacted her without her responding?
Customer: replied 2 years ago.
I have contacted her, without her answering me no more than 5 times. I have been in contact with her husband on occasions too. This has always followed contact from her or her husband to either me or my husband. As I have previously stated my contacts have been to ask if she would speak with me so I am able to move on from this
Expert:  Jo C. replied 2 years ago.
I am sorry but she could do this. If you are making contact without a response then that is harassment.
What the police may do is just contact you and tell you to stop contacting her. That is known as a harassment warning. That might avoid a prosecution or caution. It depends how abusive she claims the contact has been. This is commonly their preferred option.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.
It seems a little unfair but thank you for the honest answer. she is an ex colleague of my husbands ( administration clerk) and has used work email and has sent a pay statement with a note in it ( it is her job role to send out remaining pay statements etc). She also used the work systems to conduct contact with my husband during their affair and once it was ended. After speaking with my husband and discussing how the affair started it is obvious he was manipulated by various situations set up ( yes it was his decision to participate but only after months of her setting situations up) and upto 101 text messages sent daily. Can any of this be used in my defence.
Expert:  Jo C. replied 2 years ago.
Not really. Come what may, you were contacting her when she didn't want to be contacted which is the test.
Expert:  Jo C. replied 2 years ago.
She may well have provoked the situation. To be honest, victims generally do which is why they becoming victims. It is rare to find a victim who genuinely hasn't done anything at all to contribute to the situation. That isn't a defence though.