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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71056
Experience:  Over 5 years in practice
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Yes please. The police did not give me a formal harrassment

Customer Question

Yes please. The police did not give me a formal harrassment notice they just advised me not to contact him again does this mean I wasn't given a warning? I'm extremely distressed. He lied in his police statement that we had not been in a relationship for over a year whilst I have concrete evidence to prove otherwise. I have never ever been in trouble ever and I am really worried what the outcome of this may be. I am not only having to deal with the end of my relationship but the lies he has told about me as well. This is extremely distressing.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Relist: I still need help.
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
That is a harassment warning I'm afraid. They just have to fix you with notice that further contact is prohibited.
Whether you have an off or on relationship isn't really the issue. The issue is whether or not the contact that you made would be considered unreasonable. It wouldn't without police intervention. Given the recent police intervention it might.
I would imagine they would just offer a police caution anyway. Unless their purpose is to get a restraining order.
Customer: replied 2 years ago.

It has not been an on off relationship though. He has cateogorically lied in his statement and I have evidence of this. I'm terrified I might end up in prison. I do not feel like I have done anything wrong.

Expert:  Jo C. replied 2 years ago.
Well, they always lie. Harassment is a stupid offence. That is what always happens with domestics. There are very few people who are in any genuine danger. It is just childish people using the police to take revenge against their former partners.
But you did make contact with the police told you not to.
Customer: replied 2 years ago.

Only after he contacted me to tell me he wanted to fix things. What is the likelihood of me being sent to prison? I am extremely distressed

Expert:  Jo C. replied 2 years ago.
You won't go to prison.
I would imagine you would get a fine and a restraining order.
The real risk is breaches of the restraining order. As long as you comply with it that won't happen.
Or it might lead to a police caution.
Customer: replied 2 years ago.

Will I be issued with a restraining order even if it is proved he has lied in his statement? I have no wish to contact him anyway but I dont think it is fair I should have that on my record. Thanks

Expert:  Jo C. replied 2 years ago.
I think you could be.
It depends what they make of contact only a few days after the warning. Even if he is a thorough rogue, they are still left with the fact that you made contact after a warning.
The only reason you might not be prosecuted is basically that you are female and women are treated very leniently by CPS.
Customer: replied 2 years ago.

So the fact I only contacted him after he contacted me will not go in my favour?

Expert:  Jo C. replied 2 years ago.
It may do but they may ignore it as ultimately you were on a harassment warning.
Manipulation of this nature is fairly common. What ever you read in the papers this is the reality of what we euphemistically call 'domestic abuse'. Childish people take out orders, encourage breaches so that they can complain about them. They would never do it if they had to pay.
Customer: replied 2 years ago.

I have been getting with held calls on my phone since I was told not to contact him also. I am fairly certain this is him but I can not prove it. What advice do you offer if he does contact me which I am fairly sure he will to try and provoke me.

Expert:  Jo C. replied 2 years ago.
Just put the phone down. He will soon get bored with it.