False Allegation of Harassment

MeadowLane

I got a call from the Gardi today. My ex and his new gf made a complaint against me saying I was harassing them. Its untrue and unfounded. I think my ex is doing this because we have an up coming family law matter relating to our baby daughter. How can they do this and what should I do besides speak to the Gardi in person. Is he trying to have me arrested or what

ResearchWill

MeadowLane wrote: »

I got a call from the Gardi today. My ex and his new gf made a complaint against me saying I was harassing them. Its untrue and unfounded. I think my ex is doing this because we have an up coming family law matter relating to our baby daughter. How can they do this and what should I do besides speak to the Gardi in person. Is he trying to have me arrested or what

Do not speak to AGS, if they think the matter requires it they will ask to speak to you. Then request a solicitor, take his or her advice. That advice will more than likely be "say nothing" take that advice.

While you may fully believe you are not guilty of Harresment the section is so broad it could catch a lot of personal situations.


"Harassment.

10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

(2) For the purposes of this section a person harasses another where—

(a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

(3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

(4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

(5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both."

It is the reasonable person test, and I can assure you judges and jury's view of Harresment can be strange.

Only communicate with your ex through solicitor or in company of good independent witness.

MeadowLane

Well Gardi say they want me to come in and talk to them. My ex has been verbally abusing me and I said I would get a safety order and I think he went into AGS to get there before me.
They are saying I am harassing online - and I haven't a notion what they were on about -