My mother was phsycially assaulted on August 31st 2009 at her house when my ex-husbanda was trying to force the chldren to to with him against their wishes. He pushed my Mother over (my Mother was 68 at the time) and since then she has suffered severe back complaints The ambulance was called and the police informed. I asked my Mother not to press charges at the time (although I have been subject to his violence before) I did not want it to impact further on the very difficult circumstances surrounding the chldren and did not want to make the situation worse. I have not pressed charges against my ex husband because I was frightened and intimiated by him. Unfortunately this is continuing. Please advise if my Mother is able to persue a civil prosection against him. I realise that the 3 years are nearly up so we would have to act very quickly. My mother is prepared to persue this without proceeding down the no win no fee basis as time is running out.
Province/Country relating to question : Berkshire
Hi, I am sorry to hear of your situation. I have read through your question a few times and before attempting an answer, can i seek your clarification as to the outcome you seek. The question is based around the pursuit of a civil action against your husband. The action would result in (if successful)
a finding against your ex-husband that he was responsible for the assault and thus the injury you describe. Damages can be awarded for the injury and expenses arising as a result of injury (special damages) can be awarded. Costs of the action can also be sought.
All that said, you indicate that the violence you have yourself have experienced is continuing. It appears that you seek to use the incident involving your mother to deal with the current situation, and that is why i have sought your clarification as to your objectives in taking action in the civil court/
It might be that you really need to use the family jurisdiction seeking order that retrain his future contact and or conduct with you and members of your family. It would be helpful to me in providing an answer. I should say that the no win no fee option is not linked to the time limit concern you have. The time limit as you will appreciate deal with the period within which you have to institute your legal action. I will await your response before going any further. Regards XXX XXX.XXXXXXXX.
Dear Lockwood 2012
Hi, I can only see the first three words of your reply.
Firstly, the phsycial harrassment was last committed against my mother on August 31st 2009. I was trying to demonstrate that my mother continues to suffer both phsycially in terms of her back and emotionally. I still have a scar on my lower calf when I jumped over the fence to attend to my Mother - but I did not file a complaint as it was as a result of the situation but not caused directly by him. My ex-husband is highly litigious and it was my solicitor's suggestion that my Mother pursue the assault as it is still within the 3 year time frame since the offence. Given August 31st is fast approaching we need to address this as a matter of urgency. Because neither myself (over previous years) not my Mother on August 31st 2009 pressed charges, he seems to think he is above the law. I have always tried to avoid this for the sake of the children but he has not stopped litigation concerning the children since 2006 when I divorced him and he would not grant me a divorce unless I removed the domestic violence. Ignoring all the background and difficultiles, it is still the case that my Mother is prepared now to pursue the assault against her. Please would you adivse whether this can be done on a no win no fee basis, or preferably in order to address the issue asap would you recommend a solicitor suitable for this type of case.
Barrister for over twenty years. Experience in the provision of advisory services and court litigation
I am sorry you have not received a reply.The simple answer is that you are out of time for a criminal proseuction as it is time barred after 6 months.......However you can pursue a civil claim but any claim must be issued by 30th August 2012........I hope this helps.
Hi, please accept my apologies for the delay in coming back to you, and thank you for accepting the answer previously given. I will however be happy to provide further responses if you have any questions. Regards. Lockwood.
As I said, after much physical and mental abuse, my ex-husband has refrained from assaulting me since 2009. He is however harrassing me and the children (and ultimately my parents through the courts regarding child custody) - he represents himself and is American and trying to apply American law to the British Court System. My daughter is currently refusing to see her Father and has said she will consider it - but only if he admitts to the assaults against myself which she witnessed frequently and on 2 occassions called the police herself. I am much stronger now and regret not proceeding with charges on the numerous occassions he assaulted me. However, my Mother is a different situation - it was witnessed by myself, my daughter and a friend who was visiting me at my parents home at the time of the assault. My solicitior advised that my Mother should make a civil application. He has also advised it would be inappropriate to come from his practice - for obvious reasons. Please would you advise who may be the right person/practice to approach. Ideally on a no win no fee basis - my parents have already forked out more than £200k in legal fees on my behalf. Even though I was made redundant a year ago, I do not wish to change solicitors and continue the children's case with legal aid. Kind regards, Sarah
Dear XXXXX, Thank you for your post. Most solicitors who practice in this area will offer the no win - no fee service. There will no doubt be several firms located to near your home address. If your mother decides to go ahead, then an appointment should be made as soon as possible, as the application/pleadings will need to be drafted and served etc before the three year time limit expires. May I also make this observation. You will recall that when I initially posted a response, I asked what the objective of taking legal action was. I still ask you to consider this. I would point out that you need to be aware of the risk of facing the accusation of only encouraging the proceedings by your mother in order to bolster any current family proceedings to which you have made reference. I would be careful of this danger, as it may not be a good look as far as the family court is concerned. I hope you accept this observation in the spirit in which it is tendered. Best of luck. Regards. Lockwood.
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