Never thought this would happen

[Franticwithworry]

It was sad, on many levels, and it shows your strength of character and greatness of spirit that you didn't rub her nose in your success with a closing speech.

I'm sure you're right in that the judge doesn't appreciate the full picture. There is more to your world than 'the eyes of the law'. I feel very strongly that the falsely accused should, automatically, be put back in the position they were in before the accusation(s) was/were made - all records of arrest, fingerprints, destroyed and expunged, none of this nonsense of 'not enough evidence' when there is 'no evidence', and the falsely accused shouldn't have to prove malice or lies or beg. It should happen as a matter if course.

But that's just me. I wish you the very best in this next quest.

[TotalNightmare]

It was sad, on many levels, and it shows your strength of character and greatness of spirit that you didn't rub her nose in your success with a closing speech.

I'm sure you're right in that the judge doesn't appreciate the full picture. There is more to your world than 'the eyes of the law'. I feel very strongly that the falsely accused should, automatically, be put back in the position they were in before the accusation(s) was/were made - all records of arrest, fingerprints, destroyed and expunged, none of this nonsense of 'not enough evidence' when there is 'no evidence', and the falsely accused shouldn't have to prove malice or lies or beg. It should happen as a matter if course.

But that's just me. I wish you the very best in this next quest.

Thank you for your words.

This was without a doubt the biggest pain I have ever felt in my life. When arrested and released on bail I won't lie and say suicide wasn't in my mind.

Humans persevere though. I am sure worse things have happened to better people.

The trial was in a civil court and was nerve racking enough, I feel for anyone going through the criminal courts. Whilst in the waiting area (it was a combined court), some bloke came out of a criminal courtroom with a 5 year sentence for burglary, walking out the door for his few days of freedom before being locked up, and it put it in perspective a bit. Someone was in the men's toilets crying - lots of child custody cases were going on today and I suspect it was possibly related.

The judge did say if he had made findings in favour of the applicant it would have potentially been put to a criminal court though, so I am glad it didn't end up that far.

On a positive, I guess being hauled off in a paddy wagon, sleeping in a jail cell and defending myself in court are ticked off the bucket list

[innocent1984]

Never thought this would happen

Hello TotallyNightMare ,

I am actually in the same situation you are in earlier. I will explain you the sequence of events.

1. My wife black mailed me on 5 th March she will file domestic violence ( Rape / Physical abuse / Stalking ) cases if i did not meet her demands.
2.I consulted a criminal solicitor on 8 th march explaining my situation and he suggested to file a complaint to police.
3. I filed a complaint with police on 11 th March explaining my wife's black mailing and they took it very lightly and said these are financial civil disputes and marked it as no further action required.
4. My wife finally filed a complaint on 19 th march with police and i was arrested on 20 th January. I have later come to know that she took help of some DV help groups.
5. Police interviewed me for three allegations ( Common assault , Coercive behavior , Marital rape ).

Police said my wife has evidences of voice recording of our arguments where i am a primary aggressor. and i have denied all the allegations and explained them about earlier black mail by my wife and how i am framed into this situation.

They seized my work laptop / Mobiles / Personnel laptop and i am struggling to get my work laptop from police.

I also came to know my wife is also is in contact with immigration solicitors to get permanent residence in UK through DV route.

I am lucky enough my employer understood my situation and provided alternative work laptop.

Please suggest me how to go forward with these false allegations.

Thanks

Thank you for your words.

This was without a doubt the biggest pain I have ever felt in my life. When arrested and released on bail I won't lie and say suicide wasn't in my mind.

Humans persevere though. I am sure worse things have happened to better people.

The trial was in a civil court and was nerve racking enough, I feel for anyone going through the criminal courts. Whilst in the waiting area (it was a combined court), some bloke came out of a criminal courtroom with a 5 year sentence for burglary, walking out the door for his few days of freedom before being locked up, and it put it in perspective a bit. Someone was in the men's toilets crying - lots of child custody cases were going on today and I suspect it was possibly related.

The judge did say if he had made findings in favour of the applicant it would have potentially been put to a criminal court though, so I am glad it didn't end up that far.

On a positive, I guess being hauled off in a paddy wagon, sleeping in a jail cell and defending myself in court are ticked off the bucket list

[TotalNightmare]

Hello TotallyNightMare ,

I am actually in the same situation you are in earlier. I will explain you the sequence of events.

1. My wife black mailed me on 5 th March she will file domestic violence ( Rape / Physical abuse / Stalking ) cases if i did not meet her demands.
2.I consulted a criminal solicitor on 8 th march explaining my situation and he suggested to file a complaint to police.
3. I filed a complaint with police on 11 th March explaining my wife's black mailing and they took it very lightly and said these are financial civil disputes and marked it as no further action required.
4. My wife finally filed a complaint on 19 th march with police and i was arrested on 20 th January. I have later come to know that she took help of some DV help groups.
5. Police interviewed me for three allegations ( Common assault , Coercive behavior , Marital rape ).

Police said my wife has evidences of voice recording of our arguments where i am a primary aggressor. and i have denied all the allegations and explained them about earlier black mail by my wife and how i am framed into this situation.

They seized my work laptop / Mobiles / Personnel laptop and i am struggling to get my work laptop from police.

I also came to know my wife is also is in contact with immigration solicitors to get permanent residence in UK through DV route.

I am lucky enough my employer understood my situation and provided alternative work laptop.

Please suggest me how to go forward with these false allegations.

Thanks

First off - the police might say your wife has recordings of you, take that with a pinch of salt. They probably said that to test your reaction and put you under pressure.

They said to me during interview, on the basis of my wife's statement that there was threatening texts to my wife on my phone, but I knew fine well there was absolutely nothing.

What would have happened is your wife would have rang a DV helpline to give more weight to her accusations. As soon as they picked up on her being a non-UK national they would have told her step by step how to apply for a domestic violence visa and the exact evidence she needs - which is very little, and can be based entirely on her claims reiterated through various agencies.

They will send her a transcript of her call, and then they will tell her to go to a GP and complain about DV, and request a copy of her medical records. They will ask her a bunch of questions such as if she suffers any psychological effects from abuse - there doesn't have to be any evidence of any physical violence. These will be used as evidence to the Home Office for her visa, as well as your Crime Reference Number during your arrest.

What will probably happen, is at some point your wife will realise that she can get what she wants without taking you all the way to the criminal court.

At this point she will most likely retract her police statement, and unfortunately most likely be granted a visa anyway.

Look out for an application for a ex-parte non-molestation order coming in the post. The DV helpline / taxpayer funded immigration solicitors will tell her to file this (she won't have to pay if she claims she is a DV victim). This will be used to stall you and give her more time to get her visa.

Her current visa will be cancelled and she will be given temporary leave to remain, as well as access to public funds. She has 3 months to submit evidence for the DV visa. The ex-parte non-molestation order will be used to try and keep you away and stall you.

Submit counter evidence to the Home Office fast as you can. I submitted it 3 months after my arrest and she had already been granted the visa even before I had a chance to submit! Once granted the chances of getting her visa curtailed is nearly impossible since the Home Office are a law unto themselves.

I am pretty sure the police are aware about foreign nationals exploiting this route, so expect this to be NFA'd eventually because the chance of prosecution in a trial by jury is so low.

As for your laptop - I contacted the OIC regularly since my laptop contained some seriously confidential information and was completely encrypted. They gave my stuff back 2 weeks after my arrest, but maybe that was a fluke.

[TotalNightmare]

Another update to the "cleaning up" exercise.

Finally got round to submitting my application for PNC records to be deleted.

The application process involves a form where you have to argue a case for deletion under certain criteria - I went for Malicious / False Allegation and Public Interest, and submitted all the evidence I used at trial in the Family Court to go with it, as well as linked in some of the support groups working to highlight false allegations and immigration issues, and what is going on in Parliament at the moment.

Surprisingly fast service, sent it off and the next day got a confirmation e-mail saying it had been forwarded to the Chief Constable of my constabulary to evaluate.

If it doesn't pass the criteria then next step is to get MP involved.

Going on holiday tomorrow

[innocent1984]

Police bail duration

Its great to know about the cleaning exercise from PNC records and wish you a great vacation. I have my bail extended second time by police until 1 st September. Please can you share how much time it took for you to get NFA'D. I am in my 5 th month currently after my wife false allegations and its extremely frustrating to see police are not actively looking into my case

[TotalNightmare]

Got an e-mail half an hour ago:

"Your application was forwarded to the Chief Office of X Constabulary for a decision to be made regarding the retention or deletion of your PNC Record referred to in your application.

Please be advised in the first instance that your biometric information was automatically deleted in accordance with provisions contained in the Protection of Freedom Act 2012 prior to receipt of your application for record deletion.

With regards to the deletion of your PNC Record, a response has now been received from X Constabulary who have approved your application. We hereby notify you that your application has been successful and we can confirm that your PNC Record has been deleted."

Happy about this!

This means, that on the balance of probabilities on the evidence I submitted, the CC has deemed that rape did not occur. Didn't even have to get an MP involved! It is a shame they don't start a case against the accuser though!

Next step: forwarding EVERYTHING to the Home Office

Anyone with NFA wanting to clear their records then hit me up if you need help.

[innocent1984]

Congratulations ! You made it.

It's Great news and i am glad to hear the positive response. You are our inspiration to face the challenges of false allegations. Please keep us informed when UKBA decides to withdraw your wife's ILR . It should be a lesson to women who try to exploit men for their ulterior motives .

I am also sailing in the same boat and i am still waiting for police decision on my case from March 20 th.

Got an e-mail half an hour ago:

"Your application was forwarded to the Chief Office of X Constabulary for a decision to be made regarding the retention or deletion of your PNC Record referred to in your application.

Please be advised in the first instance that your biometric information was automatically deleted in accordance with provisions contained in the Protection of Freedom Act 2012 prior to receipt of your application for record deletion.

With regards to the deletion of your PNC Record, a response has now been received from X Constabulary who have approved your application. We hereby notify you that your application has been successful and we can confirm that your PNC Record has been deleted."

Happy about this!

This means, that on the balance of probabilities on the evidence I submitted, the CC has deemed that rape did not occur. Didn't even have to get an MP involved! It is a shame they don't start a case against the accuser though!

Next step: forwarding EVERYTHING to the Home Office

Anyone with NFA wanting to clear their records then hit me up if you need help.