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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33316
Experience:  family solictor with 25 years experience
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How can I get CPS to take my situation seriously?. I found

Customer Question

How can I get CPS to take my situation seriously?. I found out my wife was having an affair and she did everything to get me to move out of my home to move her lover in.
She first accused me of things to the police Rape, assault and drink driving. Luckily the police knew these were not true and after investigating dropped their investigation. No charges were ever made and my bail was fully unconditional, I was even allowed back in the marital home where she still lived.
She is the one that was violent and abusive including infront of our two boys. The DC investigating the rape allegation advised me to get a camera and voice recorder.
The police have video of her throwing shoes at me soo hard, just missing our son who was right behind me, they have video of her throwing a hot boll of soup over me again infront of our son, they have her audio recording where she said I was drunk and abusive whilst driving the car and she punched me in the chest to make me stop. I had not touched a drink and when the police breathalised me one hour later later I had 0% alcohol.
She also stole a very sentimental necklace and some of my mums jewelry from the house and took to her lovers address. When the police arrested her she gave the missing jewelry to the police.
When I decided I cannot take anymore I made a police statement and gave in the audio and video recordings. They arrested her but never charged her, just bailed her with conditions to stay away from me, my home and only third party communication with regards ***** ***** sons.
This happened in August and she has been bailed twice more with same conditions. She is due to report again on Novemebr 29 and the police called me yesterday to say CPS have assessed the videos and enriched them, they are satisfied they are genuine. However, the CPS are reluctant to proceed with prosecution as she has now moved out and they feel it is not in anyone's interest to proceed with a prosecution.
That woman since I found out about the affair has caused nothing but abuse and still does call me with threats. If she gets away with this it will make things far, far worse not better as she thinks she is untouchable and can do anything.
Have I any other route to make the CPS realise that not to prosecute is wrong?.
The minute her bail ends she will be causing upset all over again. I want her charged, the evidence is proven.
Submitted: 16 days ago.
Category: UK Law
Expert:  Clare replied 16 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the children and have Social Services been involved?

Customer: replied 16 days ago.
We have boy of four and another boy of 15 months. Social services have been involved as the police called them, which they say is routine in domestic violence. Social services have visited both mine and her new home and are happy they are well cared for and have reported no concerns on either parent and have closed the case.
My eldest is soo badly affected and is now having issues in school (1st year) hitting out at both pupils and teachers. They have referred him to Educational Psychologist. Our son never had any issues at all until all this started. He lives with me during the week as I am closer to his School and Friday the go to their Mums until Monday.
Customer: replied 16 days ago.
Social services refused too even look at the videos (as the the police had not confirmed them as genuine and not interfered or legally obtained) now the police and CPS have confirmed they are not interested as they have closed the case and do not see our boys at any risk with either parent.
If she gets away with this it will start all over again.
Expert:  Clare replied 16 days ago.

What exactly do you think that she will do?

Customer: replied 16 days ago.
She has already told me she wants a key to the marital home or will get a locksmith as she still has rights of residence even though the house and mortgage is solely in my name. As we are still currently married her solicitor added her name as an interest via land registry. She will be back in the house when I am at work as soon as her bail conditions are removed.
She is psyco and I want her away from me. As stated she has already accused me of nasty things which luckily being as she gave such a detailed statement the police were able to prove the accusations are not true.
For instance...she said I had my hand on her so she ran to her boyfriends in shock and crying but when this incident was supposed to have happened we were 10 mins later taking our son swimming and clearly seen at the leisure centre cctv to be having a coffee and talking proving she was not at her boyfriends place crying and scared. Like as I said when she said I was drink driving with my boys in the car I blew 0% alcohol and had not touched a drop.
I really do not know what else she could make up and that is why I want her nowhere near me.
How can she do all these things and not be charged with wasting police time confuses me but to not charge her for what they have certified video and audio evidence of is beyond belief. It sounds like a tit for tat but I need to prove it is her that is violent and if she gets charged I hope social services will look back into the case again as my eldest is messed up. If she does not get charges as I said she will just become nasty again.
Sorry, but I really feel if a man did half of what she has done he would be charged and dealt with by now.
Expert:  Clare replied 15 days ago.

You can ask the CPS to reconsider - but sadly there is no way that you can force them to take action.

However that does not mean that there is nothing that you can do.

Since you are aware that you have only a little time until the Bail provisions are lifted you can apply to the court for a non molestation order based on the same set of facts.

The form you need is here

https://formfinder.hmctsformfinder.justice.gov.uk/fl401-eng-20160213.pdf

From what you have said there is no reason why you should not succeed.

Please ask if you need further details