ouch

Arrested under false allegations, what to do next?

Recommended Posts

Hi,

Some weeks ago I was assaulted by my domestic partner who after hitting me several times pushed me backwards onto the floor, I threatened to call the police but did not.

On new years eve we had an argument about this and she admitted she was angry with me and had not forgiven me for threatening to call the police, she also claimed that I didn't fall but actually faked it. Later in the evening she instigated another argument which ended with her literally throwing herself on the floor when she heard her daughter about to enter the room. I was arrested for assault and her daughter claimed that she saw me do it. She did not see anything, I did not touch anyone. I spent 18 hours in a cell and i was extremely distressed throughout. I was released after both did not make a formal statement therefore lack of evidence. 

As a result of the incident and my detention I'm suffering mentally and I'm terrified that she'll do it again.

So I want her to be charged with either wasting police time or attempting to pervert the course of justice and I quote this from the cps:

 

  1. This guidance applies to cases when a charging decision is being made on a person who has made an allegation of rape or domestic abuse and one of the following situations apply:For the purposes of this guidance any reference to rape should be read to include other sexual offences. The person who made the original complaint about whom the charging decision is being made is referred to as "the suspect".
    • It is suggested that their allegation is false;
    • They have retracted their allegation; or
    • They have withdrawn a retraction ["double retraction"].
  2. In these three situations the following two offences should be considered:The guidance below deals with issues common to both offences. References to "relevant offences" should be read as meaning these offences.

 

It is clear to me that she has committed an offence but I don't know how to get the police involved. Do I make a complaint to 101 that she has broken the law? It could be argued that this is a civil case but reading above it's clearly not.

Can someone help me on what to do and how to have her arrested for this offence? (and her daughter)

At this point i should say that i took a video of her after the incident where on that she says that she faked it just like I had faked (she claimed) falling over in the earlier incident. She has basically done to me what I threatened to do to her and thrown herself on the floor to get revenge for something she admits she hadn't forgiven me for.

Advice really appreciated thank you.

Share this post


Link to post
Share on other sites

Any advice on a specific area of law is from either currently-serving UK police officers, and is offered to the best of their ability, or from members of the public who are perhaps aspiring to be serving police officers and may not hold the necessary level of knowledge to provide such assistance or by any other member who may offer their opinion. Either way such advice can only be treated as an opinion and nothing more. Members should look for the Verified Members Badge that appears on the posters name as advice from members holding this badge are verified police employees. The information is based on their own individual experiences, expertise and training. It is stressed, however, that if any information or advice found in these forums is used by any person or organisation, then the respective police officer(s) and staff can not and will not take any responsibility for any outcome in any investigation in a criminal or civil enquiry. Any advice or opinion offered is to the best of the individuals knowledge and ability based on the information you have supplied, and we will stress that we will never be knowingly misleading or untruthful in content.

[*]Please note, we do not offer advice or assistance in order to avoid penalties that you have incurred or maybe pending. [*]Such requests are deemed to be of an Operational nature and against our main Forum Rules. [*]You should always seek Legal Advice from a Qualified Solicitor in the event of any impending prosecutions or other involved legal matter.

Administration Team UKPoliceOnline

Share this post


Link to post
Share on other sites

You report it to your local police just like any other crime - and the assault on you.
The police will gather the evidence, just as they did in the assault case and decide on the course of action, which may not be what you want.
The police can only arrest in certain circumstances and when it is necessary to do so, so she may not be arrested.
The evidence will be your word against hers and her daughter's including what she has to say about the admission that she faked it.
Just because you know the story from your side doesn't mean that the CPS will have sufficient evidence to authorise a charge or that a court will convict.
You may be better off at this stage being thankful that you found out that she is a violent, uncaring, lying and manipulative person before she became more than a girlfriend.
Move on with your life and have nothing more to do with her.


Sent from my iPhone using Tapatalk

Share this post


Link to post
Share on other sites

Hi,

Thanks for your reply.

I do want to move on but I'm still in the house with them. They want me out and I fear a similar false accusation is incoming and I feel I need to get my side of things over before that happens.

I did tell the arresting officer on the night I wanted to make a complaint of my own but I have been ignored.

I do have the video evidence still where she says that she threw herself on the floor 'just like I did last week'. I also have her daughter on video heard saying that she only heard her mother fall (she told the police she saw me push her over) So I think this is pretty good evidence. To be honest I'm more looking for some security, support and simple recognition as the victim and not the perpetrator, from the police, and a smack on the wrists for them rather than a conviction.

 

Thanks

Share this post


Link to post
Share on other sites

10 hours ago, ouch said:

Hi,

Thanks for your reply.

I do want to move on but I'm still in the house with them. They want me out and I fear a similar false accusation is incoming and I feel I need to get my side of things over before that happens.

I did tell the arresting officer on the night I wanted to make a complaint of my own but I have been ignored.

I do have the video evidence still where she says that she threw herself on the floor 'just like I did last week'. I also have her daughter on video heard saying that she only heard her mother fall (she told the police she saw me push her over) So I think this is pretty good evidence. To be honest I'm more looking for some security, support and simple recognition as the victim and not the perpetrator, from the police, and a smack on the wrists for them rather than a conviction.

 

Thanks

Sorry but with what you’ve said there’s not even enough to arrest never mind charge. You need to just move on. 

Share this post


Link to post
Share on other sites
Hi,
Thanks for your reply.
I do want to move on but I'm still in the house with them. They want me out and I fear a similar false accusation is incoming and I feel I need to get my side of things over before that happens.
I did tell the arresting officer on the night I wanted to make a complaint of my own but I have been ignored.
I do have the video evidence still where she says that she threw herself on the floor 'just like I did last week'. I also have her daughter on video heard saying that she only heard her mother fall (she told the police she saw me push her over) So I think this is pretty good evidence. To be honest I'm more looking for some security, support and simple recognition as the victim and not the perpetrator, from the police, and a smack on the wrists for them rather than a conviction.
 
Thanks

Why on earth would you still be in the same house?
If you choose to stay in such an environment then you must accept the consequences. Move out, move on. Otherwise you will be assaulted again and probably arrested again.


Sent from my iPhone using Tapatalk
  • Like 1

Share this post


Link to post
Share on other sites
On 07/01/2018 at 22:22, Sectioned Detection said:

Sorry but with what you’ve said there’s not even enough to arrest never mind charge. You need to just move on. 

I have nowhere to move on too, hence why I haven't.

Share this post


Link to post
Share on other sites

On 08/01/2018 at 17:05, Reasonable Man said:


Why on earth would you still be in the same house?
If you choose to stay in such an environment then you must accept the consequences. Move out, move on. Otherwise you will be assaulted again and probably arrested again.


Sent from my iPhone using Tapatalk

As above. I have no car, family or capital, I have nowhere to go. I need time to find a home, if I just leave I will be on the streets. I'm not that stupid I'm just staying here for the sake of it.

Share this post


Link to post
Share on other sites
On 09/01/2018 at 18:10, ouch said:

I have nowhere to move on too, hence why I haven't.

Then you’re just gonna have to cope with the situation then. I personally would rather sleep on a friends couch.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now