Domestic violence what will happen next ?

[Johnboy007]

Re: Domestic violence what will happen next ?

and the OP says "we had a fight" and admits in effect it was a 50/50 situation.
Why did bib arrest only one person and charge him with domestic violence.
On the basis of what has been said this should be a section 3 offence under the Public Order Act 1986.

.... and for those with blinkers men are often the victims of domestic violence http://www.nhs.uk/Livewell/abuse/Pag...ainst-men.aspx

I don't have blinkers on Des, but it was the man that was arrested and you have to ask the question, 'Why'?
I also accept that there are violent women who abuse men, but the issue here is whether the OP is telling it how it was, or is she trying to play it down.
This does happen quite a lot, where the victim accepts the abuse and the beatings, either because she/he is besotted with her/his partner, or she/he is being controlled.
They also think that it will never happen again, and it nearly always does.
A bully is always a bully, whether male or female.
The OP stated that she had a bruise on her leg, so section 3, is not how I see it.
It is an assault and if OP presses charges, then that's what he should be charged with.

[des8]

Re: Domestic violence what will happen next ?

I wasn't aiming at you Jb; it was a general comment 'cos so often people overlook "reverse" domestic violence.
I'm lucky in that in 46 years of marriage we have never resorted to fisticuffs.

Regarding the present situation, although we can surmise and suspect all sorts of scenarios, we do only have what the OP has told us, and as Wales said "the police do make mistakes"

To look at the situation from a different viewpoint:
There could also be a problem with the interview of boyfriend at police station. It would not be the first time that a person waives his right to a solicitor and ends up saying something that is misconstrued. This is easily done if the interviewee is in an emotional state, confused, tired or lulled into a false sense of security by the interviewing officers.

Whilst the OP and accused may not have any contact, is there any reason why the op should not contact her boyfriend's solicitor, if he has one?

[Johnboy007]

Re: Domestic violence what will happen next ?

I wasn't aiming at you Jbmsl:

Nice one Des........ made me laugh

That's the problem with us that have long and relatively peaceful partnerships, we tend to look on all people as being as lucky.

[Kati]

Re: Domestic violence what will happen next ?

Whilst the OP and accused may not have any contact, is there any reason why the op should not contact her boyfriend's solicitor, if he has one?

absolutely no reason whatsoever des8 ... although both the OP and her partner will have to be careful and ensure they do not break his bail conditions. As I pointed out in post #7:
[QUOTE]What if I do not follow the conditions of the DVPO?
You will be arrested and kept in custody. Within 24 hours (excluding Sundays and Bank Holidays) you will be seen before a Magistrates' Court and could be fined up to £5000 and/or sent to prison for up to 2 months.[/QUOTE]

this could also have an adverse effect on the outcome of the court case (for both the OP and her partner).

[Johnboy007]

Re: Domestic violence what will happen next ?

I would have said that if the OP's partner contacted her, even through his solicitor, it would be a breach of his bail conditions.
A contempt of court charge, would surely follow.

[lilir0se]

Re: Domestic violence what will happen next ?

Dear all,

Thank you so much for your time.

If i am honest it was the first time it happened, and i am 100% sure it will never happen again. My boyfriend is not a violent person, he never commited any crime and has NO CRIMINAL RECORDS.

We had this silly argument in the street because of a family matter, he said naughty things about my family, i said naughty things about his family and we went too far. I have not been hurt and have not been in pain. I only had a bruise on my right leg because i grabbed his t shirt and he kicked me in the leg. I know it is still considered as an assault but we had a serious talk when he has been released and we both regret the situation so much.

I want to do my best to respect his bail conditions as i don't want him to be in more trouble so i am staying with my friend until the days of court, i only HOPE everything is going to be ok if he pleads guilty and that it is going to be the end of this NIGHTMARE as i could not live like that any longer.

I said to the police everything which happened but i am scared i did not use the right words as i was upset. I still said to the police officer i did not want him to be arrested / prosecuted / be in trouble.

I went to Bromley police station yesterday and talked to the officer who is in charge of the case. He told me my boyfriend had the choice to plead guilty on custody but he did not and as they consider they have enough evidences they decided to prosecute him even without me supporting it.

I am feeling awful because if i knew this was going to go that far i would never have let the neighbor call the police.

I am allowed to talk to the neighbor and maybe explain her the actual situation?

I am so scared about what is going to happen on the day of court, i don't want him to go to jail and i don't want his bail conditions to be extended. I wish it never happened i am so broken

[lilir0se]

Re: Domestic violence what will happen next ?

They said they won't drop the charges because they have enough evidences to persecute him (Because of the neighbor i think). They are not even considering me involved in the case anymore : nobody is in touch with me at all!!!!!

[lilir0se]

Re: Domestic violence what will happen next ?

My boyfriend only had a duty solicitor. We were thinking about having a proper solicitor but it is so expensive and we really cannot afford it. Would the citizen advice bureau know how to advice me? I am french and even if i am in UK for nearly 4 years i don't know NOTHING about laws as i never had to deal with these kind of situations before !

[des8]

Re: Domestic violence what will happen next ?

The question was the other way round: what if the OP contacts boy friend's solicitor?

I was just thinking that if she truly believes this matter has spiralled out of all proportion and wants to help her boyfriend, her testifying on his behalf might be better co-ordinated through his solicitor.
And I do understand about the difficulties in breaking abusive relationships (one of our daughters took years to make the break) but if that is the situation, the break has to be made by the OP, and at the moment we have no reason to suspect that is the case.

[Johnboy007]

Re: Domestic violence what will happen next ?

Hi Des,
I think that even is she contacted the partner's solicitor, then the partner would have a contact, even if it is indirect.
I'm just trying all situations to see what could be interpreted as contact by a magistrate of judge.
I think a guilty plea with mitigating circumstances would be appropriate in this case.
OP could submit a letter to the court stating that it was just a domestic argument that got a little heated.
I think a fine or conditional discharge would be the outcome.

[des8]

Re: Domestic violence what will happen next ?

What has he actually been charged with?
If it is an offence under section 39 of the Criminal Justice Act the MAXIMUM punishment is 6 months imprisonment and/or a fine.
First offences usually only attract a fine. and in minor cases the offender is given a conditional discharge.

It might be worth contacting CAB to see if you can get free advice from one of their solicitors on how best to move forward, or see if you can get an initial free consultation with a solicitor or try a Law Centre if there is one near you.


Crossed with Jb (again),( but this time we're singing from the same hymn sheet)

[Johnboy007]

Re: Domestic violence what will happen next ?

Crossed with Jb (again),( but this time we're singing from the same hymn sheet)
You been peeking at my posts again Des.

[EdwardJorgensen]

Re: Domestic violence what will happen next ?

Domestic violence offence includes any type of assault. The charges of domestic violence should be taken seriously, it is a good to get a legal advice as soon as possible. If you lead the guilty then the police facts sheet would be provided to the court and tells the Magistrate about the over all case.

[Kati]

Re: Domestic violence what will happen next ?

Domestic violence (closely related to domestic abuse, spousal abuse, battering, family violence and intimate partner violence) is a pattern of behavior which involves violence or other abuse by one person against another in a domestic context, such as in marriage or cohabitation. Intimate partner violence is domestic violence against a spouse or other intimate partner. Domestic violence can take place in heterosexual or same-sex relationships. Domestic violence can take a number of forms including physical,emotional, verbal, economic and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse that results in disfigurement or death. Globally, a wife or female partner is most commonly the victim of domestic violence, though the victim can also be the male partner, or both partners may engage in abusive or violent behavior, or the victim may act in self-defense or retaliation.

http://en.wikipedia.org/wiki/Domestic_violence

[Hurricane Puffrose]

Re: Domestic violence what will happen next ?

a.

.... and for those with blinkers men are often the victims of domestic violence http://www.nhs.uk/Livewell/abuse/Pag...ainst-men.aspx

:hug:
thank you, thank you, thank you!!

From an ex partner of a domestic violence survivor THANK YOU!!!
my ex was 6'6 and was beaten by a 5'3 woman because "My momma taught me never to hit a woman". When he was so badly beaten he ended up in hospital with a possible collasped lung, the police were called and he said "My gf flipped out!"
The copper looked at his partner, laughed and said "Not feasible mate!" and walked off!!