false accusations

[rocknurworld]

Hi about 2 months ago I came home to find my wife had moved her and son's belongings out and moved to her friends. It turns out she was having an affair and has moved in to her new bf house and stopped me seeing the child. We live in a small village and she has gone around telling every one I was domestically abusive to her And that's why she moved out. As of yesterday police came and charged me with assault of slapping her once accross the face which I have never hit anyone in my entire life. She is also making these false accusations as she is on a spouse visa and her only way to stay is to try to get the domestic violence visa which was something I was scared she might try and do as soon as she moved out.

So as there is an on going case against me and Singh she reported is she allowed to go about making these false allegations to people when nothing has been proven I haven't even been to court yet. Surely she can't be allowed to do this it is making my life hell living here as people have turned against me due to what she is telling them. She also claimed there were domestic violence incidents that police attended prior to moving out. Now that's obviously not true has police have only come now about it and she's claiming more than 1 incident to people but the charge against me is for 1 incident of 1 slap. Obviously after I've been proven not guilty or case dropped I will be seeking defamation of character case against her. But at the moment is there anything that can be done to stop her making these false accusations to people as its not just to the likes of her friends she has said to the manager of the shop here and also to a trustee of an organisation I was volunteering for which I've had to now stop because of this.

[islandgirl]

Firstly I assume you are pleading not guilty? Get a solicitor and take their advice about the trial. One of the questions asked will be any previous call outs to the addresss (from the Police) so the truth will prevail...

[rocknurworld]

Yes I am pleading not guilty as its completely false. I am awaiting the appointment from a new solicitor. Also I have a family law solicitor I've been dealing with regarding contact with my stepson which has been awful and getting nowhere yet due to her. So regarding telling these false accusations to people in particular likes of the people I said trustee of organisation, manager of the shop etc. Is she legally allowed to do this when she knows it's false and that I have not been convicted of anything as haven't been to court etc.

[Balood31]

Hi about 2 months ago I came home to find my wife had moved her and son's belongings out and moved to her friends. It turns out she was having an affair and has moved in to her new bf house and stopped me seeing the child. We live in a small village and she has gone around telling every one I was domestically abusive to her And that's why she moved out. As of yesterday police came and charged me with assault of slapping her once accross the face which I have never hit anyone in my entire life. She is also making these false accusations as she is on a spouse visa and her only way to stay is to try to get the domestic violence visa which was something I was scared she might try and do as soon as she moved out.

So as there is an on going case against me and Singh she reported is she allowed to go about making these false allegations to people when nothing has been proven I haven't even been to court yet. Surely she can't be allowed to do this it is making my life hell living here as people have turned against me due to what she is telling them. She also claimed there were domestic violence incidents that police attended prior to moving out. Now that's obviously not true has police have only come now about it and she's claiming more than 1 incident to people but the charge against me is for 1 incident of 1 slap. Obviously after I've been proven not guilty or case dropped I will be seeking defamation of character case against her. But at the moment is there anything that can be done to stop her making these false accusations to people as its not just to the likes of her friends she has said to the manager of the shop here and also to a trustee of an organisation I was volunteering for which I've had to now stop because of this.

Firstly making false accusations against ex-partners in order to support getting things such as the domestic violence visa or when going through a divorce are far to common.. Unfortunately all you can do is seek legal advice and a solicitor. Cases like these are decided on her word against yours unless there is supporting evidence or witnesses, What you need to do, is make sure you are the trustworthy one. If there is no supporting evidence or witnesses then the case may not pass the evidentiary test.

Here is a good link for advice https://www.hg.org/legal-articles/wh...violence-47030

Now I suggest you do not stop her talking to others and spreading false rumours because the more she talks the more likely she will say something that shows her to be a liar. Firstly if you have any evidence that she has been making false claims to others, such as the claim that there has been multiple visits by the police, then you can use this evidence to show that she is of a dishonest character. So if she has texted friends or family or left messages on FB then make copies of these as evidence. You can then use the to prove that she has been making false claims about police visits, which the police can then confirm did not happen. This will bring her honestly into question.

Another good bit of advice is do not speak to her, or contact her in anyway directly or indirectly, apart from via your solicitors. If she calls you or sends you messages, store them as evidence. Oh yea add an app to your phone that automatically records ALL telephone calls, so if she calls you, you can save it for later. I could write a whole book on the subject of false allegations but I shall leave the advice to you solicitor. Do not get angry at her, do not bad mouth her, do not encourage or allows friends/family to harass her, as this will look bad for you. Run silent, run deep.

[dslippy]

Good advice from Balood31.
I would only add that you should make an early decision about whether to fight it at all. Talk to ypour solicitor about whether you can do this without making any admissions.

[rocknurworld]

thanks very much for your advice. Some people are just pure evil. I've been through hell the last 2 month's and then to be arrested and charged and now to go through court etc it's awful. It's all been about making herself the victim so she can stay in the country and make herself look good. When in reality I literally come home one day unexpectedly to find she and son's belongings were all gone and she moved to her friends just down the road but now turns out she was having an affair and has moved with another man now. regarding son which is my stepson who I have been a father to since he was 1 and he is now 7 I'm the only father he is and I'm very close to him and see him no different other than he is my son. What also hurts literally a week before she left we were finalising adoption which she stopped. Now she has been using son as form of control as I don't have the legal rights and she has stopped me seeing him for 2 months now it's been absolutely devastating I did nothing wrong in any of this. She also lied to me and everyone saying social work said son was to have no contact with me which was confirmed in writing by social work they never ever advised that and they had no concerns with me whatsoever and closed the case.

In terms of the advice you offered etc I have been very carefully with what I've said to her previously which made sure everything was only in text so nothing can be used against me and all recorded. Now I don't contact her or any of her friends etc and letting my solicitor do it. Obviously now it's even more so as part of my bail conditions are to have not contact or approach her in anyway etc. Also to note i have never bad mouthed her once to her or anybody else have posted nothing on social media including my family. nearly ever previous message was purely about trying to see my son nothing bad said to her etc again because I know she could try using that against me.

What I am really confused about as well is how I am even being charged with assault as the incident she is saying took place which was 1 slap on the face she has said it was just me her and son so no witnesses to the actual incident. Police said they have witnesses (friends making false statements for her obviously and probably the new bf she had an affair with) but it's not them saying they witnessed incident and no claims have been made that there has ever been a previous incident etc just this 1. so how their statements be enough evidence I don't get it when the incident is her word against mine.

[islandgirl]

A slap is enough for a charge. I have seen people in court for much less. Many DV cases are man against woman or woman against man with no other witnesses. Screenshot any lies which are told in writing - as above these show dishonesty. You will be able to advance your argument about the motive for the claim at a trial but see a solicitor asap. Excellent advice from Balood31

[Balood31]

What I am really confused about as well is how I am even being charged with assault as the incident she is saying took place which was 1 slap on the face she has said it was just me her and son so no witnesses to the actual incident. Police said they have witnesses (friends making false statements for her obviously and probably the new bf she had an affair with) but it's not them saying they witnessed incident and no claims have been made that there has ever been a previous incident etc just this 1. so how their statements be enough evidence I don't get it when the incident is her word against mine.

You may be confused here. You may have been arrested for assault but you are NOT CHARGED until the CPS decide that the case passes the evidentiary test, that is that they believe that they can be prove the case against you beyond reasonable doubt. If you have not received confirmation from your solicitor that you have been charged and are going to court, then you have most likely just been arrested. Cases which are one persons word against another with no supporting evidence very rarely pass the evidentiary test. So you will just have to sit and wait.

[KellyPete]

Call some help for you to be guided on the right steps. Of course, you'd need to have some serious evidence to support your claim.

disability lawyers near me car accident lawyer

[Huxie]

⬆️ Spammer reported - just ignore