I have been accused of domestic assault on my wife by her , she fell off my car and broke her leg. While this was happening , she attacked me first by kicking at me and then going on to try and wreck my car . Can I get her charged in court at a later date.
Province/Country relating to question : Scotland
Thank you for your question.You can't get her charged but if the trial judge thinks that she is lying he can send a report to the PF and the PF can charge her with perjury and indeed assault and vandalism. The decision is entirely up to the fiscal.If the judge doesn't send a referral it is also open to you to make a complaint to the police which could lead to charges being brought.The outcome of all of this will depend on the available evidence.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
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