What happens after a complaint is made to the gardai?

Humpty is cracked

I was involved with someone and he wasn't true or honest with me and left me with a vague situation. He was a headmelt. I pestered him for the truth which he refused to. He was a sh1tbag of lies.

Last contact he threatened me with the gardai. He texted saying he was trying to phone my local barracks but there was no one picking up and he was due to call them again the following morning he wrote. I happened to be out for a walk that night not long after his text and I decided to walk up to the barracks, not to call in or anything but just to see if there was open. There were lights on so it appeared that someone was in but I can't remember if there was a car outside. Maybe it was another lie from him or maybe not. That was last march.

I don't know if he went forward at making a complaint.

What happens in something like this? Would a garda call me for an interview or to make a statement? I never heard from a garda. Or would a summons be issued? I'm out on limbo here.

I remember a few years ago my brother did some damage to a car or something and a complaint was made and he was called in for questioning? Would it not be the same here for me? I mean like, wouldn't I have been called in for questioning?

Victor

Humpty is cracked wrote: »

Last contact he threatened me with the gardai.

Sounds like an empty threat. If you haven't actually broken the law, there is nothing they can do to you.

If you have broken the law, you might consider talking to a solicitor, not random people on the internet.

Humpty is cracked

Victor wrote: »

Sounds like an empty threat. If you haven't actually broken the law, there is nothing they can do to you.

If you have broken the law, you might consider talking to a solicitor, not random people on the internet.

Thanks for the reply.

Would the pestering be considered harrassment?

Pro Hoc Vice

Humpty is cracked wrote: »

Thanks for the reply.

Would the pestering be considered harrassment?

Yes in some circumstances,

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0010.html#sec10

It can include text messages, Facebook, twitter etc. its a thin line between a bad breakup and being in front of the District Court. If AGS get involved its usually a polite warning, if that's ignored expect a trip to court, BTW newspapers love these stories and there is a chance any case would be published. Best bet delete all contacts with the person, do not return any messages and walk away.

Humpty is cracked

infosys wrote: »

Yes in some circumstances,

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0010.html#sec10

It can include text messages, Facebook, twitter etc. its a thin line between a bad breakup and being in front of the District Court. If AGS get involved its usually a polite warning, if that's ignored expect a trip to court, BTW newspapers love these stories and there is a chance any case would be published. Best bet delete all contacts with the person, do not return any messages and walk away.

Thanks for your reply. In what circumstances?

In the link you provided it says
'Any person who without lawful authority or reasonable excuse...'

What would reasonable excuse mean? If it went to court and i was able to show by email that i was conned, would it stand to me?

I didn't receive any warning or anything else from a garda.

If the worst came to the worst and it goes to court and you mentioned newspapers, would there be any way possible to request not to have newspaper reporters there?

Don't worry the threat alone was enough for me to cop on and learn my lesson.

moochers

Often the gardai do not get involved in disputes unless there is proof of violence and harassment. There is nothing stopping anyone from going to the guards and making a complaint but usually they will say its a civil matter and advise the person to go to a solicitor.

alphamule

Humpty is cracked wrote: »

Thanks for your reply. In what circumstances?

In the link you provided it says
'Any person who without lawful authority or reasonable excuse...'

What would reasonable excuse mean? If it went to court and i was able to show by email that i was conned, would it stand to me?

I didn't receive any warning or anything else from a garda.

If the worst came to the worst and it goes to court and you mentioned newspapers, would there be any way possible to request not to have newspaper reporters there?

Don't worry the threat alone was enough for me to cop on and learn my lesson.

This is a really minor situation. You are blowing it out of proportion!

Humpty is cracked

moochers wrote: »

Often the gardai do not get involved in disputes unless there is proof of violence and harassment. There is nothing stopping anyone from going to the guards and making a complaint but usually they will say its a civil matter and advise the person to go to a solicitor.

There was definately no violence or vandalism. Pestering - yep!

Pro Hoc Vice

moochers wrote: »

Often the gardai do not get involved in disputes unless there is proof of violence and harassment. There is nothing stopping anyone from going to the guards and making a complaint but usually they will say its a civil matter and advise the person to go to a solicitor.

I have seen a number of cases in the criminal courts involving ex friends and partners who pester the other by phone, text and email.

moochers

Then I don't think you have anything to worry about, if a complaint is made to the guards and they think its worth investigating they usually do so immediately. I think this is an empty threat. However, its really important that you do not contact this person again.

If you see them, ignore them. If they do text you for whatever reason, do not reply and delete.

Persistent pestering is serious and it can be deemed as harassment/stalking so cut ties and move on.

Humpty is cracked

alphamule wrote: »

This is a really minor situation. You are blowing it out of proportion!

Well the threat was there and I don't know what happened after that. He was a controlling person and I suspect a narcissist. I hope you are right.

alphamule

Humpty is cracked wrote: »

Well the threat was there and I don't know what happened after that. He was a controlling person and I suspect a narcissist. I hope you are right.

But are you not the one pestering him?

Humpty is cracked

moochers wrote: »

Then I don't think you have anything to worry about, if a complaint is made to the guards and they think its worth investigating they usually do so immediately. I think this is an empty threat. However, its really important that you do not contact this person again.

If you see them, ignore them. If they do text you for whatever reason, do not reply and delete.

Persistent pestering is serious and it can be deemed as harassment/stalking so cut ties and move on.

So you reckon it would have been investigated if there was a complaint made. I hope you are right.

Humpty is cracked

infosys wrote: »

I have seen a number of cases in the criminal courts involving ex friends and partners who pester the other by phone, text and email.

Would a complaint be investigated? Or would a summons just be issued?

Pro Hoc Vice

Humpty is cracked wrote: »

Would a complaint be investigated? Or would a summons just be issued?

As I said earlier, the usual way is AGS have a quiet word and if it stops that's usually the end if it. If it does not stop then usually investigation and maybe followed by prosecution.

moochers

I'm not in the legal profession myself, so tbh I don't know for certain. All guards all different. If you haven't broken any law there is nothing to worry about but if you do continue pestering you will get into trouble.

sassyj

Pestering or harrassment? Also, how long exactly was this "pestering" going on. Could be just a verbal warning from a guard, however depends on the circumstances, and I'd imagine there is more to this.

meathstevie

The situation you're very vaguely describing involves interaction between two people so I don't see how a summons can arrive at your door if you haven't been contacted, interviewed or notified by Gardai, it's not like a black and white traffic offence. This is pretty much a he said/she said thing that will if investigated in depth involve phone records and so on. By the way, if it's serious enough don't bother deleting anything because it will be quickly retrieved if needs be anyway.

Pat Mustard

Humpty is cracked wrote: »

I decided to walk up to the barracks, not to call in or anything but just to see if there was open. There were lights on so it appeared that someone was in but I can't remember if there was a car outside. Maybe it was another lie from him or maybe not. That was last march.

I don't know if he went forward at making a complaint.

For whatever it is worth, here is what I think. Don't go next, nigh or near the Gardai right now. Keep the head down and pretend nothing. It could be that nothing will happen out of this, which would be be the best possible result.

If by some misfortune you get a summons, go to a solicitor.

Humpty is cracked

meathstevie wrote: »

The situation you're very vaguely describing involves interaction between two people so I don't see how a summons can arrive at your door if you haven't been contacted, interviewed or notified by Gardai, it's not like a black and white traffic offence. This is pretty much a he said/she said thing that will if investigated in depth involve phone records and so on. By the way, if it's serious enough don't bother deleting anything because it will be quickly retrieved if needs be anyway.

Thanks for the reply. I hope you are right with what you say in that I will be contacted by a guard before a summons. Last thing I want is a summons to land at my door without any warning.

hierro

In such instances, if a complaint is made, you will be offered the right of reply, as such to make a statement regarding the complaint. So both sides of the story are put forward. A decision on the balance of proofs of any aledged criminal offence therein is made and appropriate conclusions are reached.. Ie. if a Garda has not notified you of either an informal or formal complaint there is nothing what so ever to worry about.

From what you have said..... Stop worrying about it.

Humpty is cracked

It's been 11 months since that guy threatened me with the gardai. I still didn't hear anything from a Garda. Do you think I'm in the clear now?

Ken.

Humpty is cracked wrote: »

It's been 11 months since that guy threatened me with the gardai. I still didn't hear anything from a Garda. Do you think I'm in the clear now?

Yes and No. The guy could have called the Gardai and they might have told him "we've logged it if contacted again let us know" Or he might not have. Either way I'd go on the basis of he rang them they logged it but needed more than one incident before proceeding. As long as you don't contact him again you'll never here from the Gardai again. IMO.

Humpty is cracked

ken wrote: »

Yes and No. The guy could have called the Gardai and they might have told him "we've logged it if contacted again let us know" Or he might not have. Either way I'd go on the basis of he rang them they logged it but needed more than one incident before proceeding. As long as you don't contact him again you'll never here from the Gardai again. IMO.

Thank you Ken. I've been living since then kinda like a noose around my neck. There was no more contact with him since.

Any idea, would something like this show up on garda vetting?

rigu

my husband was assaulted by 3 individuals (two of them are family members), it happened on the street, he went to garda station and made complaint, he was taken for an interview and they took picture of his injuries, this happened in July 2013, so after 4 months to get a phone call from the investigating garda to say that DPP are not going to go ahead with prosecutions as there is not enough evidence, so the case is closed.
we feel very disappointing, especially that we met one of them and he smiled and are making a laugh about us. were do we go now, is there any one who can advice.....
Thank you

schemingbohemia

rigu wrote: »

my husband was assaulted by 3 individuals (two of them are family members), it happened on the street, he went to garda station and made complaint, he was taken for an interview and they took picture of his injuries, this happened in July 2013, so after 4 months to get a phone call from the investigating garda to say that DPP are not going to go ahead with prosecutions as there is not enough evidence, so the case is closed.
we feel very disappointing, especially that we met one of them and he smiled and are making a laugh about us. were do we go now, is there any one who can advice.....
Thank you

You'd be better off starting your own thread rather than attaching your query to this one, yours is much more serious and warrants closer attention.

You could contact the DPP directly and ask for a copy of the decision not to prosecute.

rigu

thank's for advice, I will make a new tread... how to contact the DPP?

Pro Hoc Vice

rigu wrote: »

thank's for advice, I will make a new tread... how to contact the DPP?

http://www.dppireland.ie/contact_us/

I would say best to write a letter, also see here http://www.dppireland.ie/victims_and_witnesses/reasons-for-decisions/