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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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My partner was arrested and charged for two counts of

Customer Question

Hi there,
My partner was arrested and charged for two counts of assault by beating one on me and another on a man in the same evening.
He hit this man but not me I had fallen previously and bruised my face as I was too drunk, the police had been called and they've charged him for hitting me based on a assumption he must have hit me too! It definitely was my clumsiness and alcohol intake that caused my bruising as I fell over on the walk home I'm hoping I might be able to get some cctv but it looks worse due to him being in Trouble before for domestic violence. He has been realeased on bail conditions until next week when he has court, he is not allowed to contact or see me or come back to outer house. I really want him back at home as we have a 6 month old child ( just to make clear he was babysitters at this time!) do you know what likely outcomes are or if there's anything I can do as I'm being told bail conditions could continue for longer! i have told them I don't support this case and he didn't hit me but no one will listen and hey believe he must of done!
Submitted: 4 months ago.
Category: UK Law
Expert:  Jo C. replied 4 months ago.

What would you like to know about this please?

Customer: replied 4 months ago.
Is it likely they will continue this as they Are doing this without me, can I get these conditions dropped or can they actually continue them, what's a likely outcome?
I'm just looking for any advice as me and my child want to get my partner home!
Expert:  Jo C. replied 4 months ago.

I presume they have other witnesses?

Customer: replied 4 months ago.
None that have seen any of him assaulting me like what they are saying, he was just seen getting me inside our house before the police came. They came after the other assault saw my bruise and are assuming he did it.
Expert:  Jo C. replied 4 months ago.

Have you got a history of calling the police to domestic rows?

Customer: replied 4 months ago.
Last year police were called as I was assaulted quite badly but I dropped it and things have changed since then he did a dv course and I did not call the police this time!
Expert:  Jo C. replied 4 months ago.

Well, that is probably it.

They will have an interest in you for that reason. Unfortunately these days it is almost always a bad idea to involve the police in domestic disputes. That is not to say that you should put up with it but that the police are heavy handed.

Expert:  Jo C. replied 4 months ago.

the reality is that if they do not have evidence covering the causing of the injury then this is likely to be going nowhere fast.

They could try to rely on the old res ipsa loquitur principle and point to your injuries but it has been years since that has worked especially if you are going to give evidence of accidental injury.

Expert:  Jo C. replied 4 months ago.

That is, of course, unless your injuries are completely inconsistent with the way in which you say they were caused.

Can I clarify anything for you?

Jo

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