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INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi, Im an Indian women, who is living in a dependent visa

Customer Question

Hi,
I'm an Indian women, who is living in a dependent visa with my husband in UK. We have a 18 months old son.
I'm being charged for domestic assault for beating my husband and causing minor injuries to him.
My husband had submitted his evidence to court.
Also the police had taken couple of pictures of the injuries, honestly it was not deliberate, my nails scratched his ears and he got blood.
Also scratches in his hand.
The police showed me the evidence during the interview. It has got the video with audio in it, which shows me beating him on his back and holding his neck.
My husband wants to withdraw the evidence, as he wasn't sure at that point that I can be arrested as criminal. And he says he did everything at the heat of the moment.
But I'm not sure if he can do that at this stage after providing the evidence to the court.
I Pleaded for not quilty and i'm in bail now.
My solicitor says if your husband is not giving evidence against you, then the case can't go against you.
I don't trust that information, because i checked a lot of forums where they say the case will be carried out even if my husband doesn't give evidence against me. Please advice me on this
Submitted: 1 year ago.
Category: UK Law
Expert:  INC replied 1 year ago.

INC : Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.
INC : Hi, if your husband decides to withdraw his complaint to the Police, this does not mean that the Police will drop the case. This would be a decision for the Crown Prosecution Service. However, generally speaking, if he is not going to be providing evidence, it may weaken the prosecution's case.
INC : I hope this answers your question. If so, kindly click accept.
INC : If you wish to discuss, please feel free to ask further questions.
INC : Many thanks,
Customer : I want to know how it can legally have impacts on my husband for not providing the evidence.
Customer : could you please reply to this before i rate the answer?
Expert:  INC replied 1 year ago.
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Customer: replied 1 year ago.
Could you please advice me on what is the best approach to this case. I pleaded not guilty even when there are strong evidence against me(evidences mentioned in my first question.
My intentions were not to abuse my husband. He called the police when we had heated up arguments and he was verbally abusing me as well and then he started to record the video. I was trying to stop him from recording and ended up hitting him on his back and holding his neck to stop him from recording. everything is there in the video. I still pleaded not guilty so that I can explain what happened that day.

But myself and my husband wants to work on the marriage so we are planning for a marriage counselling and he in fact submitted a letter to change the bail condition so that I can live in our family house (i was asked to stay away from the house according to bail). Will this weaken the prosecution's case?

What would happen to my husband if he says he is not providing evidence against me? Will he be punished by law? or any other measures by court? I don't want that to happen. We want to live happily and not with charge against us.

If he doesn't want to provide evidence against me, how should he be intimating it to the court?
My hearing is in coming month (and we both got another hearing in another 2 months), my husband will not be there for the first hearing, in that case i want to know how the court will know that he is not providing evidence against me (as the court already has the video and photos with them)

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