Need a lawyer

64 posts in this topic

6 hours ago, optimista said:

Ah, restrictions on personal freedom of communication... so, for example, internet stalking has continued, muses Sherlock to herself.

1 hour ago, Taffyhereford said:

It's basic simple communication (using what's app to talk to my wife) 

...

Mainly using social media (What's app) 

 

Whoa! Impressive Sherlock!

 

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1 hour ago, Taffyhereford said:

It's basic simple communication (using what's app to talk to my wife) 

 

And this restriction was imposed due to circumstances which occurred 5 years ago and imo are not relevant.and also not stalking but a mutual abusive correspondence online/on the phone.

But this coupled with my diagnosis of Aspergers (personality disorder) 

Led to the police and prosecution feeling that I had a history of a bad attitude therefore pushing for a court order curtailing my personal freedom.

In which case the entire order is contrary to the 2010 equality act. Which says you cannot be treated negatively for any condition covered in the equality act.

Ok, here are the specifics. 

 

1. Kontaktverbot is also imposed by police and courts in Germany. Punishment for violation is persecuted as stalking, up to 3 years in prison (https://dejure.org/gesetze/StGB/238.html). I am not saying that you committed this crime, but your original assumption that this is not a crime in Germany is factually false. Your wife can file charges at the police in Germany, online. 

 

2. Regarding equality, why do you think you have a right to contact any person privately? Nope. This person has a right to allow or deny contact with you. 

 

 

Quote

 

In the example I used above. If Arabia placed a court order on a man not to have a relationship with another man. Obviously Germany isn't agreeing to that.


 

This is an irrelevant example. More relevant example: a man has with a woman in Sweden, secretly removes condom in the process. As per Swedish law, this is rape even though the sex was consensual (but the removal of the condom was not). So he flees to the UK where there is no specific regulation on this, so one may argue that there is no double criminality. 

Citation:

"

Arguments were presented as to whether the Swedish prosecutor had the authority to issue a European Arrest Warrant, the extradition was requested for prosecution or interrogation, the alleged crimes qualified as extradition crimes, there was an abuse of process, his human rights would be respected, and he would receive a fair trial if extradited to Sweden.


The outcome of the hearing was announced on 24 February 2011, when the extradition warrant was upheld. Senior District Judge found against A. on each of the main arguments against his extradition. The judge said "as a matter of fact, and looking at all the circumstances in the round, this person (Mr A.) passes the threshold of being an accused person and is wanted for prosecution." Judge  concluded: "I am satisfied that the specified offences are extradition offences."

"

But, as I wrote previously, the EAW is no longer relevant for the UK unless it re-joins the system in future. 

 

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19 minutes ago, BobbyDigital said:

 

Whoa! Impressive Sherlock!

 

Just a big teddy bear, right ?

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1 hour ago, Taffyhereford said:

Led to the police and prosecution feeling that I had a history of a bad attitude therefore pushing for a court order curtailing my personal freedom.

 

 

Is it your personal freedom to stalk your ex-wife?  Because I doubt the court order said you were not allowed to use the phone and the Internets at all, it probably said you were not allowed to communicate with her.

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The OP seems to be concerned about an existing warrant for him in the UK and whether that warrant can be acted on against him in Germany. 

 

If this is keeping him up at night, he should spend the money to have a German lawyer tell him whether or not he has anything to worry about if he stays out of the UK.  I would start out with contacting German criminal defense lawyers and ask them if they know anything about foreign warrants, and if not if they can suggest a colleague that does.

 

At the same time, he probably ought to have a UK lawyer work on quashing the warrant. 

 

This isn't going to be Kostenlos, but one has to look on the bright side:  he hasn't had a stroke and isn't dying of cancer.  It's just legal trouble. 

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On 16/11/2021, 14:05:50, Taffyhereford said:

... appointed a free lawyer.

 

He is looking for a free lawyer to defend him in Germany against allegations against him made in UK after non compliance of a no contact order.

 

The warrant is separate from that. Can a warrant be quashed ? It would be uphill getting anything quashed if he hasn t been playing straight. Most lawyers like to take cases they think they will win. More luctrative I think. Although I ANAL. (Used to do a lot of billing though :ph34r:).

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Well. Disregarding the legality of said offence, if you are here on a visa (which i assume you are given your stated language barrier) then you wont be allowed to renew and will get deported as you cannot renew a visa with a warrant for your arrest out in another country. This is likely to happen before an extradition application hearing will make it through the courts so yes, you will be made to go back and face charges. 

 i would be looking for a UK lawyer over a German one so you can maybe start the process before you get back so it can be resolved as fast as possible so you can get back here to your family.

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3 hours ago, optimista said:

 

Hmm. But warrants and court orders do not apply to you because you are somewhere on the autistic spectrum ? 

 

You seek to defend that argument ?

No thanks. I'm already tired of your shots in the dark. It doesn't benefit me to indulge your inane comments one bit.

 

Maybe you should try reading more comprehensively. Your comments might be more accurate then.

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Really, without knowing exact details,- all is speculation. ( And good fun for us all!)

But, you should , as suggested, contact a lawyer to discuss your options, and consequences of this warrant.

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3 hours ago, BobbyDigital said:

 

 

1 hour ago, Blackcivicsi said:

.

3 hours ago, optimista said:

 

Just to clarify.

 

Whilst I'm sure Optimista convinces herself she is very bright and perceptive.

The reality is she is just a somewhat experienced troll.

 

So much so that she seems to have invented a false narrative and had everyone else running with it as if it is a fact. Despite facts that were clarified that she had chosen to ignore as it interfered with her trolling methodology.

 

In fact she even seems to have totally hijacked the 

Thread from the original topic of looking for a relevant lawyer and curiosity of a similar situation, into her own personal witch hunt. Where she makes spurious accusations and conjures up wild unfounded hypothesis and speculation, in an attempt to have me defend myself from whatever offence she can invent (Which I suspect stems from hear own personal insecurities)

 

According to the definition of an  online troll. She seems to have done rather well in the classic definition  .

 

None of which bothers me. The feeding of the troll however does.

 

But to clarify for the fourth time.

 

The use of what's app was for my then and now existing. Wife . Which wasn't stalking and wasn't non consensual and didn't involve another member of the opposite sex.

But was a business dispute. (Which btw I find hard to believe optimista would have experience on the topic. I suspect others are more than willing to cease talking to her) and has stated once and repeated yet again. It was for simple basic what's app communication.

If it was stalking. I would not be saying it was simple basic communication.

Because I am less interested in receiving inaccurate replies due to providing inaccurate information as I am from hearing a troll constantly harp on with her wilful and deliberate twisting of facts ( I suspect twisting of facts. Either that or she is thick and lacks comprehension skills)

 

If you suffer from personal problems. I suggest therapy.

I am not your therapy session with whom you can exercise whatever deep seated issues you have.

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21 minutes ago, RedMidge said:

Really, without knowing exact details,- all is speculation. ( And good fun for us all!)

But, you should , as suggested, contact a lawyer to discuss your options, and consequences of this warrant.

Whilst I share your liking of a mystery and suspicious mind.

Some choose to use an opportunity to gang troll.

 

For example when I stated an order was imposed on me largely due to a personality disorder. (Which is why I had the order quashed as it was proven in a civil court) An experienced troll can twist how that was worded. Which was pretty much exactly as above. Into " I shouldn't be given such an order because I'm on the autistic spectrum'

 

Nobody should be given an order curtailing free speech. Just because they convey a message in such a way that somebody doesn't like. (That's my opinion)

 

But what isn't is that the 2010 equality act states that such a personality disorder should have reasonable adjustments made. Additionally those reasonable adjustments cannot be negative. In other words.. Removing internet freedom as you might hurt somebody's feelings.

That's a fact.

 

I have personal experience in such discrimination cases as I defeated the authorities in a civil action. So know a little about this.

And whilst some obvious questions are bound to arise.

Optimista's strategy of ridicule based on my diagnosis and how she obviously feels that neither reasonable adjustments should be made or that nobody should be prevented from persecuting somebody with a registered metal health disability is not only a criminal offence in the UK (additionally it's a malicious telecommunication offence) but it is also an offence in Europe.

 

And IMO is taken too far when she persists in the matter relentlessly and hijacks the whole thread.

To the point that those reading only the newest replies.. See and read her horseshit. And accidentally assume it isn't garbage dredged up from the recesses of her own mind, due to whatever personal demons she has. Which I have absolutely zero interest in btw

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Quote

And IMO is taken too far when she persists in the matter relentlessly and hijacks the whole thread.

To the point that those reading only the newest replies.. See and read her horseshit. And accidentally assume it isn't garbage dredged up from the recesses of her own mind, due to whatever personal demons she has. Which I have absolutely zero interest in btw

 

Optimista has made it a habit of posting even if she is completely ignorant of the facts. I know many TTers have complained about her, however, Toytown does not ban posters for posting inaccurate information. The only solution is to put her on ignore.

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45 minutes ago, fraufruit said:

 

1 hour ago, RedMidge said:

 

 

Maybe they shouldn't ban for posting inaccurate info. But a blatant troll is something else.

How do I ignore.

 

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So... having read through the usual TT bollox from the usual snarks, and the usual self justification from the OP, is it as simple as:

 

1. UK court order bans OP from contacting ex-wife.

2. OP contacts ex-wife and breaks UK court order.

3. UK court issue arrest warrant for OP.

 

Correct?

 

@Taffyhereford: If so, you need to speak to a lawyer. Not a bunch of drunken air heads on a forum. The law is the law and follows the due process of law. It's very black and white. If a bunch of German cops decide to break down your door at 4am in the future to arrest you they'll just be following their instructions. It's nothing personal against you and your mitigating arguments won't matter one jot. 

 

Speak to a lawyer.

 

And from my personal experience any German lawyer knows all about the criminal code. They have to learn it all at Uni and then they decide where to specialse when they qualify. But they know it all.

 

Speak to a lawyer.

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52 minutes ago, Chelski said:

So... having read through the usual TT bollox from the usual snarks, and the usual self justification from the OP, is it as simple as:

 

1. UK court order bans OP from contacting ex-wife.

2. OP contacts ex-wife and breaks UK court order.

3. UK court issue arrest warrant for OP.

 

Correct?

 

@Taffyhereford: If so, you need to speak to a lawyer. Not a bunch of drunken air heads on a forum. The law is the law and follows the due process of law. It's very black and white. If a bunch of German cops decide to break down your door at 4am in the future to arrest you they'll just be following their instructions. It's nothing personal against you and your mitigating arguments won't matter one jot. 

 

Speak to a lawyer.

 

And from my personal experience any German lawyer knows all about the criminal code. They have to learn it all at Uni and then they decide where to specialse when they qualify. But they know it all.

 

Speak to a lawyer.

2 hours ago, fraufruit said:

 

3 hours ago, RedMidge said:

 

 

Maybe they shouldn't ban for posting inaccurate info. But a blatant troll is something else.

How do I ignore.

 

 

No. That was Bollocks from Optimista. Had nothing to do with a no contact order.

Don't feed a troll.

 

I had a mutual argument. That, combined with my attitude and correspondence with the authority's led to an order curtailing my use of social media. Which was subsequently quashed on the basis that they were knowingly discriminating on the grounds of my diagnosis of Aspergers.

 

One officer (referring to the equality act 2010 reasonable adjustments) remarked " the reasonable adjustment could be the removal of your internet access"

 

Which is a breach of the equality act.

 

I communicated with my wife (still my wife) no argument no abuse no offence . DURING the time the order was active. The police became aware and seized my mobile.

There's no other offence. There's no stalking there's nothing except whatever the troll Optimista. Conjures up in their own warped mind.

 

I've already had several useful answers . including you.

It's just unfortunate forums are plagued by anti social troll arseholes too.

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Extraditions per year are counted in double digits. You have to be an Assange, or a serial killer to get extradited.

Just being a priest who'd buggered a few tens of boys won't get you extradited.

 

Sorry (or pleased) to burst your bubble, but you are just not worth extraditing. 

That said, if that the courts told you to not contact your ex-wife, then leave her the fuck alone.

 

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