Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
can I ask the courts to reconsider whether a trail is required and make a decision based on the evidence that is at hand? All paperwork from both parties have been served to each other and any police disclosure should have been disclosed by now.
As we are both self repping it seems we cant cross examine each other and theres nothing to gain with cross examining the witness's on both sides, is there any point in going for trail even.
First hearing- in response to her ex-parte NMO statement she fully agreed with my reply that we had a non abusive and non violent relationship for 7 years and also during the 2 years we been split. She admitted that she has no concerns of me regarding herself or the child who is now 13 years old and that they are at no risk at all.
When the Judge pulled her up regarding an allegation made by her in the statement regarding I have made her believe ill kidnap her son her reply was " Thats not 100% correct, he hasnt implied that as such but she had been informed by police that an allegation was made over 20 years ago by my ex-wife" and the police will confirm this in a statement. Court heard that theres been 3 arrests and 3 NFA
Second hearing- Due to me leaving an easter egg in the front open garden for the child She had me arrested for harassing and stalking and breach of the court order. With CCTV as evidence this time, I was again released with NFA being taken by the CPS.
The last arrested has got the police investigated to which I have a letter from the police complaints and misconduct unit excepting I have a vaild case against the police. All ready the Inspector in charge has put out to the local inspectors that any further complaints from her must be investigated first before any arrest.
This I must believe is true as I know the police have investigated more silly complaints from her and obtained statements off of people first and I wasn't arrested or been arrested. The complaint to police is that I was at a customers house when she had a house call to the same address. Not only a customer but a friend of my family and lives in my very small village.
At the second hearing where she tried to get more orders set in place the Judge told her that many of the orders she is asking for are unrealistic or that the court cant order anyway.
Therefore the two undertakings I have offered are basically the orders she is aking or what the court can possibly order, Im only objecting to the order not to even acknowledge a teenaged child. The Judge also told her that I do have grounds to apply for a contact order and that was something she argued with the judge untill he cut her short to tell her " he does have grounds to apply"
So to me this case can be pretty much sorted by means of if she dont except an undertaking then the case should be dimissed or the judge give her the orders set in place as it is. I do not object to any orders regarding her.
The case is listed for early September which will then be 7 months since the first hearing.
With the 4 arrests and NFA being taken and with what has been disclosed in writing and verberly by both of us is there any reason to pursue this to a trail.
Any police disclosure is either going to be bias or the police disclosure be classed as historic and is this a case of her draging this out in hope of finding a reason rather than have a reason for a NMO.
Cheers
I think it will have to go to a hearing, especially since a hearing date has been set. I can't see that there is any harm in you going to a hearing in any case.
I agree with actd, if you don't turn up they may proceed without you, I would strongly advise that you attend and see this through.
You only have trials in a criminal court, this is a civil action and wouldnt become criminal unless an NMO was breached and the CPS decided to prosecute.
Self repping doesnt necessarily mean that you cant cross examine, but sometimes the judge will take over asking questions.try not to get too stressed about the what ifs...
All the best
WFT, this case has been referred to marac and the lady next to her is a isac worker. Police disclosure shows that the case is now to be reviewed at a stalking client and been said it is to go to CID to prepare paperwork to the CPS to review their decision to charge,
If your wondering how I know this well I have been sent the police disclosure and oh boy what a read that is. I can see this going to crown court for trail. Its a weak case by the sounds of it and this NMO is for sure to throw some weight in the CPS charging me.
Problem is all my defence in this NMO is her mental health and that I want contact with the child. But in the Police Disclosure it states that should I apply it could be used to finally reach a charge for the CPS. Its now being considered as futher harassment and stalking due to intimidation .
I feel I cant even defend this without fear of it leading to a criminal court.
can anyone help
What about the fact that you had the support of the Inspector in charge, who felt your complaints were valid and her own admission in court that you there had been no violence between you.
I think it would be a good idea to get some proper legal advice. I’m not legally trained and if it becomes a criminal case, you will need to be legally represented in court, it’s not something you can do without in my opinion.
All the best
The police complaint dealt with the inspector has turned to be a right fast and he is now included in my complaint to the IPC.
I have many statements off her now and by the police to confirm no violence but it seems now she is claiming I abused her mentally for the whole 9 years and she only now realises just how controlling I was. If she has managed to manipulate the police, ISAC and MARAC surely a Judge is going to support them too.
I still haven't had my say yet??
My only hope is the CPS declining to press charges again but it seems the CPS and police are now working together to take this to the criminal court. A total of 6 times its been NFAed and the CPS are now telling the police to combine everything and submit it as one big case. This was on the 30th May 2018. How long will this take?
It's classed as a very weak case by the CPS but with a bit more evidence and tweaking, it could finally meet the requirements for the CPS to charge.
Even the incident that she arrived at a house I was at the time, although a statement was taken by the person and it clearly states that I had no way of knowing she would turn up because it affected her it can be used as part of the whole case in getting charges brought against me.
Strange I got sent such information considering the report also contains the fact that CID are considering an undercover operation ??? Its very clear they are using my past of 10-20 years.
I am now seeking in getting a solicitor but I wont be able to afford this in the civil court and will get help should it go to the criminal court.
cheers for all your help and advice but sadley I feel my past is coming to bite me on the [censored].
Sorry to hear this mate... if the CPS decide to charge, at least you will be able to get legal assistance... not much of a consolation.
All the best
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.