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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71361
Experience:  Over 5 years in practice
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My husband had me arrested under threat to kill last

Customer Question

Hi my husband had me arrested under threat to kill last September but released under investigation. Now he has reported harassment and called in for interview next week
Assistant: Where are you located? It matters because laws vary by location.
Customer: East London
Assistant: Has anything been filed or reported?
Customer: What do you mean
Assistant: What confuses you?
Customer: Well he has given video evidence and many texts msgs
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I married him abroad and bought him into the uk Only last year. He reported domestic violence and had me arrested so he could get his indefinite leave to remain in uk
Submitted: 16 days ago.
Category: Law
Expert:  Nicola-mod replied 15 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 15 days ago.
Well my interview on Tuesday so I need to know by Monday
Expert:  Nicola-mod replied 14 days ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 14 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 14 days ago.

How can I help with this please?

Customer: replied 14 days ago.
Hi well I am going through the threat to kill allegation my husband has made against me still awaiting for Police to decide whether they will charge me or me not and now he has made further allegations of harassment which Police want to interview me tomorrow about
Customer: replied 14 days ago.
I did text my husband cause I wanted to work things out but I made no threats or nothing like that. And I passed where he was staying and co incidentally he saw me.
Customer: replied 14 days ago.
I am muslim and we discourage divorce so I just wanted to make my marriage work that’s all. This allegation he made was purely to get his indefinite leave to remain quickly through domestic violence route.
Expert:  Jo C. replied 14 days ago.

Ok. So what is your question about this?

Customer: replied 14 days ago.
Now my question is tomorrow they will have evidence of me contacting him against the fact I was told not to when I was released under investigation. Will I be arrested tomorrow I have never committed any crime in my life not even a parking ticket. I am disabled and lone parent of three.
Expert:  Jo C. replied 14 days ago.

Thank you.

They probably will arrest you if you have been invited in for interview. It is possible that they will deal with you volunteer for that really doesn't change very much about your experience at the police station.

If you have been making contact with him in breach of a harassment warning then they probably would be considering prosecuting for harassment. It is possible that they could offer a caution instead. If your primary question is whether you have a defence though then, on the face of it, you do not.

Can I clarify anything for you?

Jo

Customer: replied 14 days ago.
I have not had no harassment warning
Customer: replied 14 days ago.
Nine months ago was released on investigation that’s it
Customer: replied 14 days ago.
What is the likely chance of me being charged on this allegation
Customer: replied 14 days ago.
My husband is under mental health at the moment. As I have heard.
Customer: replied 14 days ago.
Hence I wanted to get back with him cause I love him and could not hold back hearing his suffering alone
Customer: replied 14 days ago.
Will the police not look at this harassment allegation if I explained why I did it under compassionate grounds
Customer: replied 14 days ago.
I am legally still his wife
Expert:  Jo C. replied 14 days ago.

Not particularly. This is just not really mitigating. This is just failing to accept that that he wants a separation.

On the face of it, I would have expected a charge here.

Customer: replied 14 days ago.
What will happen if they charge me
Expert:  Jo C. replied 14 days ago.

They will send it to court.

I would expect a fine or a low level community order.

They will make a restraining order preventing further contact.

Customer: replied 14 days ago.
Also he sent someone to befriend me and I spoke to this person out of anger and said somethings which I shouldn’t have which was recorded. And given to my husband.
Customer: replied 14 days ago.
I vaguely recall saying something along the lines of if my husband sends me down my brothers will take him down too.
Customer: replied 14 days ago.
But I was scared and angry
Expert:  Jo C. replied 14 days ago.

Oh yes, that is a threat.

That is going to increase the sentence although only to a community order.

I am sorry but I cannot tell you that this is not an offence.

Customer: replied 14 days ago.
What is a community order
Customer: replied 14 days ago.
But is it not an offence to plan and plot
Customer: replied 14 days ago.
But in this recording the guy also says things to provoke me to speak in anger
Customer: replied 14 days ago.
Recording without my consent
Customer: replied 14 days ago.
Without my knowledge
Customer: replied 14 days ago.
Than passing it to my husband so is my husband not commuting no crime
Customer: replied 14 days ago.
To make his case stronger
Customer: replied 14 days ago.
Whilst I am human and a wife whose innocently being accused and I speak out of anger cause the man I love is putting me through all this is unbelievable to me and I am labelled a criminal
Expert:  Jo C. replied 14 days ago.

It is an offence to plan and plot.

And anyway, this isn't a plan and a harassment.

Customer: replied 14 days ago.
He came into this country 1 year ago and using the system for his visa and the legal system backs him whilst I have been here all my life never had a crimanl record now the juctice system feels I am guilty cause he keeps recording I don’t
Customer: replied 14 days ago.
Normal people live lives don’t work around recording every argument husband wives have as it’s not normal unless it’s planned to be used for a purpose
Customer: replied 14 days ago.
Justice system cannot be that blind
Expert:  Jo C. replied 14 days ago.

No, normal people don't.

However, normal people don't call the police.

There is no defence in commenting upon what normal people do. Normal people live normal lives and sort out their relationship squabbles.

Abnormal people summons up the police at public expense.

That is no defence.

Delighted to continue with this but please rate my answer.