Another child custody case

[myhome]

Yip - I agree - if you get arrested and get charged your head will be in a whirl, so at least you will have that part sorted out and will have someone to turn to immediately

[Southwestaccused]

Thanks both, I'll do that this week. Spoke to the solicitor recently and she said in her opinion she doesn't see this going anywhere. Some comfort between that and what the OIC said about it being the most vindictive allegation she had seen in her career but it is still a scary time.

When I feel up to it I am starting to prepare bits of defence if necessary, there are 2 very strong motives and proof that she had made and retracted a similar allegation against previous boyfriend as well as lying about domestic violence within her household around the time of the allegation. Its so easy to feel stupid in hindsight that certain things didn't ring alarm bells before starting a relationship with someone like this!

[Rights Fighter]

Thanks both, I'll do that this week. Spoke to the solicitor recently and she said in her opinion she doesn't see this going anywhere.

The times I have heard that from a prison inmate having instructed a sol for trial who was not experienced in these matters. I've also heard from inmates 'even the OIC said it was a load of rubbish but they have to investigate". Never take anything as Gospel truth until you have more information and proper advice.

[Southwestaccused]

I understand. I am aware from the good info provided on here that the police are out for convictions and I am preparing for the worst, even making some notes today and preparing some docs in the event of a trial. Just trying to keep a bit of hope and positivity.

Could anybody advise, could I expect my house to be searched at any time? Would this happen after a charge or would this happen sooner rather than later if they thought they could gain something from it. Obviously just concerned that friends and neighbours would become aware of what is going on.

[myhome]

You haven't said whether you were arrested and bailed or not so I am assuming not. I would think that if you are arrested and charged then they will probably take your laptop/pc/tablet/mobile phone etc looking for "evidence." It's a good idea to back up all your stuff externally somewhere safe. If you have any emails/FB/social media exchanges, then take screenshots of them and store them somewhere externally as well.
It is unlikely they will do the "dawn raid" as this is usually done if they need to arrest someone quickly after the allegation to preserve dna evidence etc.

[Southwestaccused]

No, haven't been arrested or charged just a single voluntary interview. I will make sure any documents i am working with for my defence are backed up elsewhere just in case. It's more the worry of my neighbours seeing who are all really nice and we trust each other with our kids and house keys and things. This whole situation is so destructive

[Rights Fighter]

i think if the police were intent on searching the house they would have done so by now. However if an allegation comes out that you've (allegedly) been viewing illegal images online then you could expect a visit. They tend to do this earlier on though, so that any evidence cannot be destroyed.

I've read stories where the police have arrived to find the suspect stamping on hard drives, setting fire to or putting them under water so as to destroy incriminating evidence. Obviously police have to arrive unannounced to prevent that happening.

If there has been no such allegation then I would hope your home would not be searched and therefore neighbours wouldn't be wondering what is going on.

[Southwestaccused]

I have read on here several times that it is important to make as aggressive a defence as possible. Part of that will be producing the evidence to show that just before the allegations her husband was making death threats to me. There are also other members of the complainants family who may be complicit in the accusations and are likely to get arrested themselves as a result of what will come out at any hearing.

Is this the kind of material that I need to hold on to for any trial if it isn't NFA'd so the police and cps can't work around it, or should I make the complaints now?

Thanks in advance.

[Rights Fighter]

Please bear in mind that this is a public forum so anybody can view it. You might be in danger of identifying yourself through describing the background. Never give the police evidence that might assist - they have been known to hide evidence and deny it was ever given to them. Best ask a solicitor first......

[myhome]

agree wholeheartedly with RF. I have information which could stop mine in its tracks but have been advised that the best time to present it would be at trial (if it ever becomes necessary). If the police get information which could help to prove innocence, they "lose" it, deny having it, or present to the liar and allow her to change her story to negate it.

[Southwestaccused]

Had a bit if an update from the solicitor this week. Apparently the OIC is waiting on one bit of paperwork to arrive to complete the investigation, I know what this is and know it will not support the accusation. However it is taking some time and as with many cases here they appear to be in no hurry and don't like being chased. The wait goes on......

[Southwestaccused]

Hi all. Getting on for 8 weeks now and getting quite down about it all.

As I said before I have just had one voluntary interview, heard nothing and the solicitor hasn't responded to my calls or email for an update. Struggling to work out what to do from here, do I carry on as if it didn't happen?! The accuser has emailed me to ask for money but ignores the few emails I have sent to arrange to see my child. I haven't chased so as not to be accused of harassing. Thinking about going to the family court but not sure if that would make it worse, might give them an excuse to order no contact.

Any advice or support gratefully received. Hope everybody else is having a better day than me.

[Casehardened]

As I said before I have just had one voluntary interview, heard nothing and the solicitor hasn't responded to my calls or email for an update.

The accuser has emailed me to ask for money but ignores the few emails I have sent to arrange to see my child. I haven't chased so as not to be accused of harassing.

To reiterate the point Myhome made in post #20 you've not said whether you are on bail or not.

I'm assuming not as usually bail conditions preclude contact in any form with the accuser and so of course if you are not on bail you may well not hear anything formally if the allegation is not proceeded with (unless the OIC does so as a courtesy)

[Rights Fighter]

Which solicitor are you hoping to hear from? Duty sol or Ian Kelcey?

Please remember that where there is no charge there is no legal aid so solicitors are not bound to answer emails or calls. Some will as a courtesy but others won't.

[Southwestaccused]

Thanks very much both for your responses. Sorry if my posts haven't been clear.

That's correct I have not been arrested or bailed, just attended once voluntarily. And it is the duty solicitor I am waiting on, I prompted kelceyandhall in case they are needed but the duty solicitor was always very quick to say she would only contact me if she had any information for me and did not respond to my enquiries.

I guess then best thing is to continue as much as possible as if it hasn't happened except to ensure I protect myself from any further allegations and hope that call doesn't ever come. Sounds preferable to keeping life entirely on hold.

And I got to speak to my daughter today so definitely best day in a while. Hope it was similarly positive for everyone else!