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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was repeatedly violently attacked over the course of two

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I was repeatedly violently attacked over the course of two years by my ex partner (punching, kicking, spitting in my face, sucker punching me whilst I wasn't paying attention, cornering me in a room and waving a carving knife about etc), I didn't report any of this to the police until an argument during which my partner instigsted violence upon me and then also called the police and reported me for the actions I took to defend myself (held her legs for three seconds when she had started kicking me and trying to punch me). Of course being male and agitated I was arrested when the police arrived. No statement was made against me and I no commented my interview, and was then refused the right to be reinterviewed to tell them the truth of what was going on when I found out I was going to be slapped with a DVPO despite zero evidence of any violence existing against me. When I was released with no charges I told the investigating officers off the record her history of violence and it then took a further six weeks just for me to get to be able to sit in a police car on the side of the road with a PC to make a statement (which I made mid December). There is little evidence that exists in either direction in this case except I have an email from my ex partner in which she admits to the string of violence and also admits to instigating the violence on the day I was arrested and received a DVPO for. I want to bring a civil case against her for damages because the statute of limitations has passed for common assault so I can't go down that route any more.
JA: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: I haven't been convicted of anything I received as Domestic Violence Protection Order banning me from my house for two weeks which they can issue without a shred of evidence
JA: Where did this occur?
Customer: In our shared house. This was all subsequently reported to the Police in mid-February after I was arrested on Jan 2nd
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Er, I want them to know that I realise that as a male in a Domestic Violence case I have little chance of a positive resolution despite the fact there is not a shred of evidence against me and I have her on record admitting to a string of offences. I want to proceed with prosecution anyway.

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.

Customer: replied 3 days ago.
Go on then....

So is there a DVPO against you?

Customer: replied 3 days ago.
Not anymore no. That was two weeks in the early part of January this year, I'm looking to seek damages for the two years of violent attacks and the violent attack that led to me getting a DVPO when she called the police. I have an email from her in which she admits both the string of violent offences and actually being the one responsible for the specific event of violence herself when it was me that was arrested on January 2nd.
Customer: replied 3 days ago.
I had to leave the house that I pay the majority of the rent for because she was violent towards me and then called the police which led to me being arrested. This has of course spiralled in to a multitude of other extremely damaging disturbances to my personal relationships with people.She manipulated me and took advantage of my vulnerability as a recovering addict to control me and abuse me. I wasn't allowed to talk to certain people for the duration of our relationship etc.
Customer: replied 2 days ago.
She made us visit a 'relationship counsellor' with the sole idea of finding someone who would agree with her narrative of me, base the entireity of our 'counselling' around the predication that I am autisic or Asperger's when she (the counsellour) admitted herself she was not in a position to diagnose that illness. She told me at a later date that she had just found someone she thought she would agree with her and characterise me as being autistic when numerous psychologists and therapists have since laughed at the idea. When we began our relationship I was coming out of a long period of drug abuse and essentially lacking in any self awarenes, self-respect that I was totally unable to recognise the many red flags that existed. She knew me as a drug user when we began our relationship but I actually stopped using for essentially five years when I was with her and relapsed for a week over new year 2018/19 and then for six weeks at the end of our relationships. All of my relapses were after the violence towards me began.
Customer: replied 2 day ago.
Hello?

Thank you.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you thetruth.

I am sorry but it wouldbe wrong of me to avoid giving you the downside of your

position.

You do have the option to Sue her in defamation orindeed harassment.

The difficulty is fundamentally this.

There was an order made against you so she will defendon the basis that it is true . That is a defence defamation.

That is not to say that you could not succeed but Ihave to give you realistic advice about your chances.

I am sorry but I can only tell you the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

Customer: replied 2 day ago.
of course, but the DVPO was issued on the strength of a situation which I have hard evidence of her admitting to being her violent outburst and nothing to do with me. There's isn't a single shred of evidence against me and I have electronic copy of her admitting to actually being the one that was violent when I received the DVPO.I know that as a male I'm going to have a hard time despite the fact that I have her cold and hard admitting to a string of offences INCLUDING the one which resulted in me getting a DVPO, but I want to push forward with litigation anyway.
Customer: replied 2 day ago.
She can't be allowed to get away with being violent and waving knives around just because she's female. There's not a single scrap of evidence of me ever having been violent towards her because I haven't been. What is the best way for me to proceed from here?
Customer: replied 2 day ago.
More to the point, why is an email in which she admits all of these offences including the one which led to me getting a DVPO when there's not a scrap of evidence of me ever having been violent to anybody in my entire life, not considewred reasonable evidence of her guilt? It's a straight up confession.
Customer: replied 2 day ago.
I can quote from it if that helps?

I cant say why they took that action but since the court made an order the chances of finding these are wholly false allegations are fairly low.

Customer: replied 2 day ago.
The police presented no evidence to the court to obtain the DVPO other than the fact that my girlfriend had called the police and said I put my hands on her, which she admits in the email was because she was punching me and kicking me and I was defending myself.
Customer: replied 2 day ago.
Why would a court find in favour of her when she is clearly admitting that she was responsible for instigating violence and that I was simply defending myself? Surely that should be a charge of wasting police time on top for her?

That is evidence I'm afraid.

Customer: replied 2 day ago.
You're a bot aren't you.

Accusers do quite often retract and the authorities disbelieve the retraction.

Customer: replied 2 day ago.
I've never been accused
Customer: replied 2 day ago.
No statement ever made against me.
Customer: replied 2 day ago.
Of the two of us I am the first to give a statement to the police regarding our relationship detailing her violence.
Customer: replied 2 day ago.
Technically I am the accuser despite the fact the police issued me with a DVPO.
Customer: replied 2 day ago.
I retracted my accusation to give her chance to show remorse for her actions, which she didn't and so I'm taking the case up again. So if I'm the original accuser and the court don't believe retractions then based upon what you've said that means I'm the one that should be believed no?
Customer: replied 2 day ago.
Can you also advise me of approximately how much it will cost me to pursue this litigation with a good lawyer (I understand that if I lose I'll have to pay her costs too).

Usually about £10-£20k.

Defamation is an extremely expensive action and you have to proof the basis was false.

Customer: replied 2 day ago.
What do you mean by have proof the basis were false? There was no basis upon which to issue a DVPO other than that she called the police. I have an email from her in in which she admits that she was one being violent when she called the police on the date I was arrested (and then subsequently given a DVPO) not me, and that I was made to stand up in court under suspicion of violence when it was her that was violent.An admission straight from the horse's mouth seems like reasonably good proof, no? The cost is not a problem, I want justice and I believe it will prevail despite the odds being unfairly stacked against me simply because I';m male. I can't imagine a world in which if I had been violent to her and admitted it all that there would trouble with her receiving justice whatsoever, the blatant sexism I've encountered from the authorities has been disgusting but I believe a confession upon her part made via email when she was living separately from me in a place I don't know and thus would be impossible for me to have put her under duress should be seen as reasonably solid evidence shouldn't it?

I'm really sorry and I understand you are outraged and I understand why but I am not going to be able to tell you that this case is strong for the reasons I've explained.

Or at least, I could do that but then when you end up paying costs of £20k and lose in court, that advice wouldn't be very useful to you.

I am sorry.

Customer: replied 2 day ago.
You haven't explained though.....I am the accuser not her. I am the one who has made a statement against her. Why is her confessing to the offences not solid evidence?This makes no sense. Why am I unlikely to win? Outside of the fact I'm male that is.

I have.

I am sorry.

You do have the option to Sue her in defamation orindeed harassment.

The difficulty is fundamentally this.

There was an order made against you so she will defend on the basis that it is true . That is a defence to defamation.

That is not to say that you could not succeed but I have to give you realistic advice about your chances.

I am not going to be able to give you a different answer.

Me

That is evidence I'm afraid.

16/09/2020 11:26

Me

Accusers do quite often retract and the authorities disbelieve the retraction.

I am sorry but that is your position.

If you are intent you can sue and you may succeed.

But it would be wrong of me not to warn you.

Customer: replied 2 day ago.
You haven't explained why I'm unlikely to win though! There is no evidence# ***** violence against her whatsoever, and she confesses totally to a string of of violence including actually being the one that was violent when I was issued the DVPO not me, so how could that be a defence?
Customer: replied 2 day ago.
Why is her confession not solid evidence?

Ok, best of luck with this.

You can sue in defamation.

I covered above the questions that you raise.

Customer: replied 2 day ago.
You haven't though

1 There was an order made against you so she will defend on the basis that it is true . That is a defence to defamation

2 Accusers do quite often retract and the authorities disbelieve the retraction.

But I can see you are intent so you can sue in defamation.

You are just entitled to be told of the risks.

Customer: replied 2 day ago.
but the order was made despite the fact in was her being viuolet not me and I have her admitting to this

Ok.

Customer: replied 2 day ago.
How can a DVPO based no evidence and issued in relation to an incident in which she admits she was the agressor be a defence?
Customer: replied 2 day ago.
That makes no sense whatsoever

I have made a further offer.

Jo C. and other Law Specialists are ready to help you

Because an order was made against you.

But we are just saying the same thing.

Customer: replied 2 day ago.
But an order than is made against me on zero evidence can't hold any weight in court when there's an admission of guilt from the other party that they were the violent one on that occasion.....
Customer: replied 2 day ago.
I want to sue for psychological damage not just defamation. I've been in therapy for the past eight months privately and half of the time has been spent dealing with the fallout of my ex partner's violence.
Customer: replied 2 day ago.
I've been visiting him and reporting her violence since before I was arrested and given a DVPO
Customer: replied 2 day ago.
Hello? Am I being charged here?

Ok, you can sue in defamation.