UK Family Law
UK Family Law Questions Answered by Verified Experts
No he has an absolute clean record and also the owner of a private limited company. We are both joint partners of the company.
He accepted for the reasons I have stated.
My husband did not want to go down the court route as that would mean in order to defend himself he will have to become the victim and prove that it was me who was the instigator and there could be a chance that I was charged instead which he did not want.
Also the trauma this would leave on the children and police coming down and interviewing neighbors/etc was something that he did not want to pursue.
He accepted the simple caution to avoid all the court hastes and to close this matter.
Further he was also advised by on-duty solicitor that he might have to stay apart and leave home until the court proceedings were done and that would mean leaving children behind with me on my own, which he did not want.
So just to avoid going to court and facing the unknown (i,e avoiding further trauma to our family) he accepted that.
He had admitted to the offence but he stated that it was in his defense.
He had clearly mentioned in the interview that first he pushed me away as I was pointing fingers at him and was verbally abusive to him and he was trying to calm me down. I charged back towards him, it is then he slapped me in his defense.
So that's what he has admitted and he was remorseful of that and admitted that he did make an offense but that was to defend himself. He was being asked why he did not walk away and because this was all so spontaneous there was no thinking time but an instance reaction to events.
I would like to state at the end he was given a choice , either to go the CPS or take the caution by solicitor. He then said he would like to take the caution for the reasons I have mentioned before.
Can you please advise what is JR the decision mean and what can be done now? He did speak to the same solictor later during the day after he was home and the solicitor told him that it was his decision to take the simple caution and nothing can be done now and if will need to go to a different solicitor if he wishes to.
Can you please advise how should we proceed and whats involved in this and what could be possible consequences if we challenge this?
can you please advise further.
1) If we do go down that route on consulting another solicitor for a JR, can you advise
could there be any legal charges that can be possible towards me (i.e if the court is happy that he was defending himself) so does that implicitly make me look guilty and possibly charged? I am trying to think, can this become more worse for any of us? i,e is he just better off accepting this and moving on ?
2) apart from the expensive cost for the JR , what could be the other implications?
3) you mentioned on basic crp check it does not show up , but I guess on advanced crp it will. Is it possible to request to remove this from his records after a couple of years or this is now indefinite on his profile
Can you advise a solicitor with whom we can discuss this further and represent JR?
we live near bromley
my husband further spoke to on duty lawyer and asked explicitly why was he offered a simple caution when he had raised a defence and he said raising a defence did not matter in making a decision of offering him a simple caution.
Reading the published document it clearly says that that should not be an option to consider if a defence is raised.
Also he was not advice on all of the possible out come of him receiving a simple caution. For example restrictions in visa/travel to other countries etc.
In light of above I request you to advise whether this can be challenged as you mentioned if a defence is raised simple caution should not be offered.
Kindly advise a solicitor whom we can approach who is a specialist in JR and can help.
Can you suggest a lawyer around Bromley that you can recommend who specialises in JR?
This is my last query on this post.
Thank you for your help.