Blackmailing ex partner wants my house or else

Detroit

LilElvis wrote: »

Sorry OP but I can see why your ex is angry. Your father must have inflicted pretty serious injuries to have received a custodial sentence and for the CICA to have awarded him such a high level of compensation. Perhaps your father should pay him the money - why should taxpayers foot the bill?

While in no way condoning the violence of the father, it presumably occurred as a result of the ex partner's abuse of the OP.

Many fathers could find themselves losing control with a person who had harmed their daughter. While this is undoubtedly not the way to behave in a civilized society, and punishment is appropriate, the OPs father has paid the debt to society that the justice system deemed fair.

There's something that deeply offends me about the idea of the ex partner profiting financially from this situation, either at the father's or the tax payers' expense; and certainly he should not at the OPs.

theoretica

Guest101 wrote: »

It's not blackmail and that's what the OP asked.

It can be other things and I didn't disagree with that. Just explaining the law on blackmail.

I agree with this- not all nasty threats and extortion are legally blackmail - however the word may be used when talking non-technically.

I hope you manage to divorce him soon and he stays out of your life.

Guest101

theoretica wrote: »

I agree with this- not all nasty threats and extortion are legally blackmail - however the word may be used when talking non-technically.

I hope you manage to divorce him soon and he stays out of your life.

Oh yes absolutely. I think when discussing informally most would understand. The OP wanted to bring a legal element into it, which is why I was so adamant.

Guest101

Detroit wrote: »

While in no way condoning the violence of the father, it presumably occurred as a result of the ex partner's abuse of the OP.

Many fathers could find themselves losing control with a person who had harmed their daughter. While this is undoubtedly not the way to behave in a civilized society, and punishment is appropriate, the OPs father has paid the debt to society that the justice system deemed fair.

There's something that deeply offends me about the idea of the ex partner profiting financially from this situation, either at the father's or the tax payers' expense; and certainly he should not at the OPs.

Aside from a restraining order - which could be a non-mol, often referred to as the same thing but granted under very different circumstances & possibly a magistrates appearance, there is no reason to believe the OP beyond the natural assumption that there's not much value in lying on an anonymous thread.

In the eyes of society and the law the ex is a victim.

if we start categorising whether someone is really a victim based upon hearsay and even past behaviour, we go down a dangerous road of who's worthy.

Detroit

Guest101 wrote: »

Aside from a restraining order - which could be a non-mol, often referred to as the same thing but granted under very different circumstances & possibly a magistrates appearance, there is no reason to believe the OP beyond the natural assumption that there's not much value in lying on an anonymous thread.

In the eyes of society and the law the ex is a victim.

if we start categorising whether someone is really a victim based upon hearsay and even past behaviour, we go down a dangerous road of who's worthy.

Indeed.

An equally dangerous road to suggest there is 'no reason to believe' someone stating they have been a victim of domestic abuse.

The fear of being disbelieved is one of the reasons many people don't report GVA and go on to suffer serious injury and even death.

Guest101

Detroit wrote: »

Indeed.

An equally dangerous road to suggest there is 'no reason to believe' someone stating they have been a victim of domestic abuse.

The fear of being disbelieved is one of the reasons many people don't report GVA and go on to suffer serious injury and even death.

To some degree. No matter what the allegation, murder, rape, abuse, whatever.

It is still all alleged behaviour.

I don't agree that anyone, but especially the authorities, should just take it for granted that someone is being truthful. There is evidence to find, then court, and then if convicted do we get to call them 'rapist, murderer, etc'.

We live in, or atleast claim it is, a civilised society. Until this person is convicted of the crime ( he may have been already, but op hasn't mentioned that ), he is still just a victim of a particularly nasty assault, like any other person.

paddy's_mum

Detroit wrote: »

While in no way condoning the violence of the father, it presumably occurred as a result of the ex partner's abuse of the OP.

It must be the Old Testament part of my make-up, but I so often find myself completely unable to feel much sympathy for the 'wronged' person who worked very hard to put themselves into such a position.

breaking_free

Does anyone have a response to post #49 or can I rest easy at this point?

Thank you all for replies thus far. You've all been incredibly helpful.

Guest101

breaking_free wrote: »

Wow, wow, wow. Gingernutty's post got me thinking so I started Googling CICA vs Civil claims.

Unless someone finds some other facts to contradict me here's what I've found out.

1. The time limit on personal injury civil claims is three years. The clock is ticking - my abusive spouse has less than a year to make a claim.

2. If he chooses to double-dip by pursuing a higher value civil claim against my father and succeeds, he'll have to repay CICA the amount that they paid out (for example, if he sued my father and received £100,000, he'd have to pay £85,000 of that to CICA). Because he used a no-win-no-fee firm, they took 25% of his payout. I doubt that CICA are going to reduce the amount they ask for by the 25% the solicitors took! Horrid ex spouse could end up seriously out of pocket if he goes down that route. http://www.criminalinjuriescompensationuk.com/how-can-i-make-a-civil-compensation-claim-for-criminal-injuries/

This changes things considerably hey?

It changes things somewhat, he could still be vindictive and try to get more, the court could award some (+ costs) which would go straight back to CICA but obviously come out of your fathers pocket rather than taxpayer.

Gingernutty

There are a whole series of conditions under which the CICA awards compensation.

The character of the victim, previous criminal convictions, whether the victims' behaviour contributed to the injuries, whether the victim is facing criminal charges as a result of the incident are all taken into account.

How did the husband get so much compo? Why wasn't his provoking behaviour taken account of? Why did he get a bunch of ambulance chasers involved?

You should tell the police about this as CICA can claim the money back from victims if there are extenuating circumstances.

You need to take proper advice from a solicitor, preferably one with criminal law experience.