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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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My daughters partner was charged with domestic breach of

Customer Question

hi my daughters partner was charged with domestic breach of peace can she withdraw her statement she has two small children she has been told he has not to come into her house but she could go away with him to a hotel is this correct
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The normal rule is that the bail condition would prevent him coming to the house OR approaching her so she should check the position.
She can't withdraw her statement but her partners solicitor could apply to the court for a variation of the bail on the basis that they wish to be reconciled. Whilst not guaranteed the PF may elect to take no further proceedings depending on the background circumstances.
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