Wrongly accused

[Northlad]

My wife left me 5 weeks ago, taking younger 2 kids with her. She has mental health issues and she has always hit me ,I've a knee replacement as a result of one her attacks. When she left she got a new council house citing allegations of verbal abuse. I admit to be aggressive by txt because I dislike her for injuring me knee when I have muscular dystrophy. I told police and they're investigating a section 20 gbh offence and interviewing her. When she moved I got a non mol ex parte served on her.
Moving forward today I get a call from a cooper inviting me in for a formal interview ,my ex has falsely accusing me of sexual and physical assault. Police said they'll have a duty solicitor ready for me.
Please help I'm out of mind, what will likely happen

[Northlad]

I've both video and SMS messages admitting to hurting me . As I have muscular dystrophy my hands are weak and I'm unable to attack anyone, my ex was 2 inches taller and size 16 to 18 with a mental health problem.

[Peter1975]

Hi Northlad, Welcome to DM, although I'm sorry to hear of your troubles.

I'm afraid that these sorts of cases happen all too often and it can be all too easy for false allegations to be made as acts of revenge or to escape responsibility.

Reading between the lines and doing some blind guesswork, it would seem that it's possible she has used the false abuse claims to justify the GBH.


I am assuming that being in the north, you are to be questioned in England and not Scotland on the basis that Scotland doesn't have an offence of GBH ( at least i don't think so)

The procedure for an interview under caution or voluntary interview is pretty much the same as an arrest except the police cannot impose bail conditions on you afterward, take fingerprints/dna without your consent or confiscate your phone/ laptop/ tablet etc - I would imagine that the police may well ask you for it though so you should be prepared to do without it for at least 3 months - back it all up before attending.

You will speak with the duty solicitor before being interviewed, it's important to make the most of this time. The Solicitor may advise you to simply tell the truth in interview, provide a prepared written statement and then answer "no comment" to any other questions or offer a prepared statement and answer questions. It might be a good idea to read out any texts where she admits harming you but discuss this all with the solicitor.

It's a good idea to write down a concise timeline of events, such as how long you have been diagnosed with MD, when your relationship began, any previous fights, any witnesses to fights or violence, when she injured you etc.

Possible you will be asked about the context of the aggressive texts and you should have an explanation ready for them. Rather strange that she used this to get a council house but only mentioned the sexual assaults after you reported GBH and took out the non mol....

You don't say when the interview is but you have time to speak to a solicitor or two and arrange for them to attend with you if you feel more comfortable with them. Advice is free at the police station.

As to what is likely to happen to you? - After a lot of waiting for a decision, probably nothing.

Keep cool.

[Northlad]

Hi Northlad, Welcome to DM, although I'm sorry to hear of your troubles.

I'm afraid that these sorts of cases happen all too often and it can be all too easy for false allegations to be made as acts of revenge or to escape responsibility.

Reading between the lines and doing some blind guesswork, it would seem that it's possible she has used the false abuse claims to justify the GBH.


I am assuming that being in the north, you are to be questioned in England and not Scotland on the basis that Scotland doesn't have an offence of GBH ( at least i don't think so)

The procedure for an interview under caution or voluntary interview is pretty much the same as an arrest except the police cannot impose bail conditions on you afterward, take fingerprints/dna without your consent or confiscate your phone/ laptop/ tablet etc - I would imagine that the police may well ask you for it though so you should be prepared to do without it for at least 3 months - back it all up before attending.

You will speak with the duty solicitor before being interviewed, it's important to make the most of this time. The Solicitor may advise you to simply tell the truth in interview, provide a prepared written statement and then answer "no comment" to any other questions or offer a prepared statement and answer questions. It might be a good idea to read out any texts where she admits harming you but discuss this all with the solicitor.

It's a good idea to write down a concise timeline of events, such as how long you have been diagnosed with MD, when your relationship began, any previous fights, any witnesses to fights or violence, when she injured you etc.

Possible you will be asked about the context of the aggressive texts and you should have an explanation ready for them. Rather strange that she used this to get a council house but only mentioned the sexual assaults after you reported GBH and took out the non mol....

You don't say when the interview is but you have time to speak to a solicitor or two and arrange for them to attend with you if you feel more comfortable with them. Advice is free at the police station.

As to what is likely to happen to you? - After a lot of waiting for a decision, probably nothing.

Keep cool.

Can they charge me after the interview or even place me in a cell

[Peter1975]

Can they charge me after the interview or even place me in a cell

In theory they could charge you but it's far more likely that you will be released under investigation. It usually takes months for a charging decision.

You won't be put in a cell.

[Northlad]

In theory they could charge you but it's far more likely that you will be released under investigation. It usually takes months for a charging decision.

You won't be put in a cell.

Can you recommend a Yorkshire solicitor .I'm.in leeds

[Peter1975]

The most recommended sol in your area is Jordans in Doncaster.

Try to speak to Hollie Alcock or Mark Newby.

http://www.qualitysolicitors.com/jor.../hollie-alcock


Rob Rode is another name that springs up, he is in Leeds although I can't remember who recommended him.


https://www.abrsolicitors.com/team/rob-rode

[Northlad]

Hollie is representing me.
I had a social services meeting yesterday with ex and social worker to discuss childcare.
My ex admitted shes sick of courts , I shouldn't of said this but I said why go make false allegations then. Her reply because you made allegations I decided too. Transpires everything in the c100 form upset her .
I secretly voice recorded the meeting without permission. Have I broken the law as I was going to use this recording as evidence in a police interview

[Peter1975]

You haven't broken the law and the simple answer is for you to get Hollie's advice on this prior to interview.

If the SW has witnessed the remark ( and hopefully made a note of it ) then it may be enough to simply mention it in interview.

While it is perfectly legal to record a conversation you are party to without anyone elses consent or knowledge, there can be difficulties in introducing the recordings as evidence, particularly in family courts but hopefully you won't have to find out.

SS take a dim view of secret recordings even if you have only done so as a memory aid to what was said so I would suggest you keep the recording safe but be careful about letting the SW or your ex know, especially if you intend to record any more meetings.

Good luck with your interview.

[Northlad]

Voluntary interviewed today

As per previous post . Wife left me and I'm a victim of domestic violence.
As a tit for tat response my wife alleges five cases of rape where she was allegedly tired. She claims she was tired due to the disabled children we have but I insisted on sex. 2 claims of violence threatening with a knife .
One of the alleged rapes was two months before my wedding , one where she was 6 months pregnant and another when 7 months pregnant.
I have been sent home and to wait for the cps

[post moved to existing thread]

[Peter1975]

Self control...

Hello Northlad,

I hope that you are doing ok and didn't find your interview the traumatic experience that you were perhaps dreading, although obviously, it is never and can never be very nice.

I hope that the legal advice gave you some reassurance and perspective

I seriously doubt that you will face criminal charges based on what you have told us, it's a waiting game from now on really but for what it's worth ( Not much ) - I wouldn't bet against you.

Keep cool about the police involvement.

As for SS and the family courts, I would suggest you tread carefully and try to take some legal advice on the matter - Family solicitors will usually offer half an hours free advice so choose your questions carefully.