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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 82129
Experience:  Over 15 years in practice
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My partner has been accused of stalking by his ex partner.

Customer Question

My partner has been accused of stalking by his ex partner. He placed a listening device in her home to prove she was taking drugs around his kids. He is due in court and has been told he could face a prison sentence. Please help with some advice of how he can prove that it was for the safety of his children when no one would listen to him
JA: Have criminal charges been filed? If so, when's the next court date?
Customer: yea charges have been filed and he appears in court Thursday
JA: Where are they located? Criminal law varies by location.
Customer: wales
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i think that is it
Submitted: 12 days ago.
Category: Law
Expert:  Jo C. replied 12 days ago.
Thank you for the question. It is my pleasure to assist you with this today. I am a barrister with over 15 years experience.
Expert:  Jo C. replied 12 days ago.

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

Expert:  Jo C. replied 11 days ago.

Sorry for the delay.

The reality is that listening devices are very difficult to justify. They don’t really provide safety for children anyway. All they do is evidence gather.

He can obviously defend this on that basis but a listening device is not likely to be considered reasonable.

Expert:  Jo C. replied 11 days ago.

I am sorry but I have to tell you the truth.

Do remember that I can only give you my opinion.

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

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

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

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

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

Jo

Customer: replied 11 days ago.
Would it not be seen as reasonable if it was to try and prove the mother of his kids were taking drugs around his children
Expert:  Jo C. replied 11 days ago.

No, not really.

Also, that relies upon them accepting his interpretation of this.

The other interpretation is that he was just trying to be controlling which is the basis of stalking.

Listening devices are rarely acceptable.  Even the police need authorities from the court.

Customer: replied 11 days ago.
Is there anything he can say that would make his defence stronger
Expert:  Jo C. replied 11 days ago.

He can only tell the truth.

Customer: replied 11 days ago.
I know that and he has been all the way through . I just think that is so injust that someone can be looking out for their children and trying to protect them when no one would listen to him. Without that device he wouldn’t be able to prove she was doing drugs and has the evidence to prove it but now is on a stalking charge for it. Where’s the justice in that
Expert:  Jo C. replied 11 days ago.

Im afraid that listening devices not the way to go about it.

Expert:  Jo C. replied 10 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,