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So I was arrested 6 weeks ago after my wife told the police I had assaulted her throughout our marriage. This was a few weeks before the final hearing which has now been postponed until November.
Anyway after investigating the police has dropped the case and won't be taking it further.
How can I use this to my advantage at the final hearing. My ex will still play the DV card but surely the police not prosecuting can be used to my benefit combined with the fact
- the judge at the non-molestation order considered the same allegations and made no finding of fact
- my ex wife turned down a fact finding at the first child hearing citing that the abuse was financial and emotional. She then reverted back to the physical assaults during the section 7 that followed the first hearing
I'm not resting easy though. I no longer know this woman. I can't believe I was once in love with her. I think I'll need therapy to overcome the fact she genuinely tried to get me convicted just to restrict my contact with my son. It broke my heart.
I don't what to see or speak to her gain but I fear this won't be the last time she gets me arrested. For as long as I fight to see my son she will go out of her way to destroy it.
I wish I could find a way to make he see that my intention is not to hurt or annoy her. I'm fighting to ensure I'm part of my sons life, that's all. She is free to do whatever she wants. Part of me still loves her because you can't just wipe away the happy 10 years but I can't look at her again after all this.
I cry thinking about the impact all this will have on our son. I'm desperate for the hostilities to end for his sake.
Hi There,
.
I would think the fact that the case has been dropped by the police will show that she made everything up, that along with her changing her story throughout will go in your favour, she will probably try and maintain that you did these things when back in court but say that the police dropped the case through lack of evidence.
.
I would prepair so evidence of her changing her story, document what she has said and all the changes she made and have it to hand when you next attend court, you will be able to remind the judge of the changes to her story during the case and hopefully this will show she hasn't been truthful.
.
I would alos possibly seek out some counselling for yourself, the sooner you can get your head around what has happened then the sooner, you can get to a place of being civil with your ex, which is what you need to be able to do for your sons sake.
.
GTTS
evenin' BM
Sheesh if only we all had a quid for every time some embittered female has slung a casual bogus abuse charge at their ex...
Sounds to me like she's knocking loudly on the door of this scenario...
https://www.ipcc.gov.uk/sites/default/files/Documents/Focus/Focus_June_2014.pdf
...here's a cut 'n paste of the first page...
Fanciful, vexatious, oppressive, or abuse of procedure
The Police Reform and Social Responsibility Act (PRSRA) 2011 amended the Police Reform Act (PRA) 2002, and changed the way most complaints are handled.
The PRSRA introduced new exemptions (grounds for not recording complaints) at the recording stage. A number of these are based on assessing the nature of the complaint. There were also changes to the provisions for discontinuances and disapplications (formerly known as dispensations).
The legislation groups the terms ‘vexatious’, ‘abuse of procedure’ and ‘oppressive’ under the same ground. While they are cited as one ground for the purposes of the legislation, decisions made under this ground should include a clear rationale explaining which one (or more) of the terms are thought to apply, and why.
Complaint definitions
Here we offer additional guidance on how to apply the grounds for not recording or disapplying/discontinuing a complaint. The IPCC’s Statutory Guidance gives a legal definition of each of the grounds:
Vexatious complaint.
A complaint that is without foundation, which is intended, or tends to vex, worry, annoy or embarrass.
Oppressive complaint
A complaint that is without foundation that is intended or likely to result in burdensome, harsh or wrongful treatment of the person complained against.
Abuse of the complaints system
Where there is or has been a manipulation or misuse of the complaints system to initiate or progress a complaint which, in all the circumstances of the particular case, should not have been made or should not be allowed to continue.
Fanciful complaints
A complaint is fanciful if no reasonable person could lend any credence to it. It is an objective test.
I guess the police DO actually recognise the drain and strain on resources caused by obviously vexatious complainants. If it becomes a regular thing (or even an irregular one) then fill yer boots and invoke the IPPC's directions. In fact in your place I'd make noises to the local constabulary right now because...
As many of these women well understand but we regularly fail to appreciate to our cost: justice very often isn't about who's right and who's wrong, it's about who called the coppers first!
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