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This is the sort of case that needs to be handled with care. If you are prosecuted for assault this is not minor, and there is potential for a jail sentence. Most likely as a first offender you would get community work, once the court understood the extent of the provocation behind this.
If he does take this to the police then you will be interviewed and then charged. This would be too serious for diversion, and domestic violence does not qualify anyway.'
The process would be that you would be given a summons and at court you can plead guilty or not guilty. If you are not working you could qualify for legal aid. I think you should have a lawyer with you as with the potential for jail this needs some care.
This will be my first charge on anything as I have a clear record so I expect Community Service. HOw many hours for C/Service would I be doing and what can I do regarding the Verbal Abuse I put up with or is that not ledgeable?
The abuse goes to provocation, which while not a defence, will help the judge to explain why you did this. As a first appearnce you will get some discount for pleading guilty, and the provocation. I would think 100-150 hours plus reparation would be the sort of sentence. With a good lawyer this could be improved. I note you have sent 2 questions on this. I suggest you ask for the other one to be withdrawn
Thank you Chris. I am also due to fly to Australia in March; could this jepodise my trip and how long do you have to wait for a summons? I know he has done the police report already. I appreciate your help with this
If he has gone to the Police then this will happen fairly soon. If you intend going to Australia long term, then this may not be completed before you go. Even if you plead guilty at the first appearance there is usually a delay of up to 4 weeks for sentencing to get a presentence report done.
You may need to delay the travel, and the conviction could have some impact on the travel.
I am heading to Australia for only 5 days. and due back March 8th. It is a return flight. Would this still improvise my trip? Thank you
I also have ready a Trepass Notice to serve as he has said he would come over to collect the presents he gave me!! I would be entitled to this wouldnt I chris
In that case your trip should not be affected. The trespass notice would work, but is there merit in trying to negotiate or mediate your differences? I know things will be very hostile at present, but why not try. Presents are not usually retuned nor do you have to where there is relationship property.
Thank you chris for your help.
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