harasment charge?

mingualez

My wife and i have had our ups and downs like any couple and worked our way through. We have been seemingly very happy for last few months and our relationship loving. My wife went on a hen weekend we taleked via phone and she said she missed us ( we have an 11 year old. My wife returned very frosty, that night she demanded I leave saying she wanted time to think us through. I left but the whole thing was out of the blue for me. The coming week was full of emotional torture for me. My wife leaving my future up in the air with no real decision. I asked my wife all along the break if she had met another man, even my son (11) grew suspicious. She denied it to both of us. I found out she had met a man and was continuing contact with her.My wife assured me nothing had happened. And she just needed time to think. In the heat of a conversation with her she admited to having a pasionate embrace. An we were over! My whole world fell in I lost my wife, son and home. For the next 10 hours I tried to talk to her via txt and phone the more she brushed me off whilst I was trying to get personal belongings pick up arranged i became more confused and irrational. resulting in me verbally abusing her in 5-6 calls/texts. I also sent a message via her own facebook account to her new man friend passively threatening him and being abusive.
I was arrested the following day banged up for 11 hours. The cps have chosen to take me to court. Whatb should I do and what do I expect as punishment. I have no violent/verbal abusive history and have never been in trouble before. Thanks in advance.

heartbreak_star

Don't contact your wife again, and be honest with the courts.

HBS x

Pollycat

Not sure what you can expect by way of punishment but a guy who posted abusive Twitter messages about the teacher who was stabbed was jailed for 8 weeks.

Maybe your offence will be viewed as more serious as it was directed specifically at 2 people.
And I'd guess it all depends on what exactly you said/wrote.

How can you 'passively threaten' someone?

mingualez

heartbreak_star wrote: »

Don't contact your wife again, and be honest with the courts.

HBS x

it is terms of my bail with court not to call or go to home. I am admitting to the charge. will they take my emotional state in to account. seeing I have never been abusive or violent to my wife ever before? The police said they would see black and white, my emotion is apparently irrelevant.

mingualez

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How can you 'passively threaten' someone?[/QUOTE]

I didnt threaten but said I new where he was and couldnt wait to meet him.

mingualez

Pollycat wrote: »

Not sure what you can expect by way of punishment but a guy who posted abusive Twitter messages about the teacher who was stabbed was jailed for 8 weeks.

Maybe your offence will be viewed as more serious as it was directed specifically at 2 people.
And I'd guess it all depends on what exactly you said/wrote.

How can you 'passively threaten' someone?

I never threatened my wife with violence, I in a couple of voicemails called her a tramp etc etc. And to slap her man. Most regretable

aileth

I didnt threaten but said I new where he was and couldnt wait to meet him.

mingualez wrote: »

I never threatened my wife with violence, I in a couple of voicemails called her a tramp etc etc. And to slap her man. Most regretable

So you didn't threaten him, but you threatened to slap him and that you knew where he lived and effectively you were coming for him?

Sounds pretty damn threatening to me.

Pollycat

I really think you need to sit down and work out exactly what you said to whom.

What you have posted so far is not clear and, as aileth has pointed out, your account of what happened has changed from what you posted in your initial post.

You need to be honest - with yourself and with the court.

antrobus

mingualez wrote: »

....What should I do and what do I expect as punishment. I have no violent/verbal abusive history and have never been in trouble before. Thanks in advance.

Get a solicitor.

It would appear that you may have committed the offence of "sending by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character" as set out in s127 of the Communications Act 2003, or indeed the offence of harrassment as defined by s2 Protection from Harassment Act 1997

Both seem to carry the same penalty, i.e. maximum six months imprisonment, level 5 fine (£5,000), or both.

But get a solicitor.

thorsoak

The courts do not have to take into account your emotional state when you made the posts: you threatened them both. You have to accept that, apologise profusely, the fact that you were emotionally upset by the sudden break-up of your relationship might be taken into account - but not necessarily.

What you did was WRONG - it is not acceptable to make threats. You have to accept that fact and accept whatever sentence is meted out to you. Then you have to remake your life - on your own. Accept the fact that if your marriage had been truly sound, your wife would not have left after just one passionate embrace. Don't try to mend something that is broken beyond repair.

antrobus

mingualez wrote: »

it is terms of my bail with court not to call or go to home. I am admitting to the charge. will they take my emotional state in to account. seeing I have never been abusive or violent to my wife ever before? The police said they would see black and white, my emotion is apparently irrelevant.

The police don't care about emotional state. Neither do the CPS. If they see the evidence that supports the charge, they will charge.

The court will however care about your emotional state in determining the suitable sentence. If your admitting the charge(s) you will be making a plea in mitigation. First offence, acting out of character as a result of the trauma of hearing of wife's deceit and infidelity, that sort of thing. A reasonably competent defence solicitor will know the score.