Many thanks DS for taking the time to provide that info.Its much appreciated.
This is the section that concerns me:'Reasonable behaviour and reasonable communications may not amount to harassment under law, it may not prevent a complaint and arrest but nevertheless may prevent an outcome or charge'
Although I do not intend to communicate with my ex in a way that a 'reasonable person'may deem as harassment,
I dont want to go through an arrest and spend time in a cell even if I would be let off.
So although I can to an extent protect myself from a conviction by guarding what I do and say,I know she can have me arrested quite easily.
Therefore I have written to her as I said through her solicitor and asked he to confirm by letter she will accept all forms of communication if it related to our son.If not then the onus is on her to provide an alternative.
What I would like to know that isnt clear,if she gives me that clearance and we are in communication by email,then one day the emails esculate into an argument,could I be arrested for harassment even though she is partaking in a 'conversation'?I have been told previously an exchange of emails which would be taken as having a 'conversation'would not make me liable for a charge of harassment.
One very important thing that hit me this morning comes from this section of the warning:A complaint has been received from the ......family of harassment by yourself who have given accounts to ..... Police about your actions against them, which have caused them harassment. They are willing to support a prosecution against you under this act.
The fact is the family in question is my ex,her mother,her brother,her father.The brother and father I'm almost certain they are unaware a claim of harassment has been made in their name.
Regards the brother,two weeks ago I rang him as I was trying to locate the mother of my ex in order to arrange to hand back my son to his mother through this woman following the arrest of my ex for casuing crminal damage to my home.This is obviously not harassment.Regards the father,I texted him ONCE telling him his daughter was stopping me from seeing my son and could he help.This is not harassment.
As far as Im aware my ex made unproven claims me for harassment.Therefore this leaves the mother of my ex who because of her daughter only, provided the main and only source of proof.That was a message I left on her answer machine which in my opinion was wrongly deemed as harassment due to the content.The claim of harassment was also made at the police station in her home town which is 15 miles away from the home town of my ex.
My question is if the mother of my ex has made the main complaint through her local station and has the only real proof of harassment then surely the warning should have been issued against me not to contact her as opposed
to the whole family ?
Basically my ex had no credible proof of her own so she took her complaint to the local police of her mother and used that answer machine message to make the complaint of harassment.The message itself was an account of the events leading to the arrest of my ex in which she had called my mother a 'F....W...'
Although I was only quoting what my ex said the officer dealing with this deemed that as being 'foul and abusive' somehow.Although when I spoke to him it was obvious he thought I was saying the daughter had called my mother a 'W...' and that I had thrown in the 'F....' prompting him to declare this as being abusive.
P.S I taped the conversations with my ex when she insulted my mother and the conversation with the officer on a dictaphone.
Edited by Tony2010, 17 October 2010 - 09:21 AM.