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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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My husband and I had a domestic situation on Saturday night

Customer Question

My husband and I had a domestic situation on Saturday night which resulted in both of us calling the police. We got into a tussle where he put his hand on my throat to push him off and I bit him.
I then locked him out of the house where he banged on the door for time, leaving when a neighbour yelled out of the window. When the police arrived, they detained me and took me to the police station where I was held in a cell to await questioning. I fully admitted what I had done but said it was in self defence. I was then released @pending further investigation' but was not charged or told I was on any sort of bail. They still hadn't spoken to my husband at this point. The next morning, the domestic abuse team called me (there is no need as this has never happened before, it is a situation that got out of hand and will never happen again) but while they were on the phone my husband turned up and started knocking on the door and window then climbed over the back wall to get in that way. The police came and took him away and I was asked to give a victim statement in relation to what had happened the previous night. I said my statement was the same as I'd given when detained and that I did not want to press charges.
I have since found out from the officer dealing with the case that my husband has been charged with breach of the peace and given police bail to attend court on 29th June. The conditions of bail mean he is not allowed to contact me or return to the house. When I asked about my position the officer said a report would be passed to the Fiscal who would decide how to proceed. Neither of us have any previous dealings with the police. My questions are:
1. Can the bail terms be altered to allow my husband to return to the house if I sign a statement agreeing to leave the house? The reason being is that he has a custody arrangement with his son (my stepson) and I wish to minimise the impact on him - I have another safe address to go to.
2. What is my actual position regarding my actions? I was not made aware that I was on any kind of police bail and wasn't actually charged with assault - the officer says it is in the hands of the Fiscal now so is there a good chance I will be charged at a later date?
3. I'm not allowed to contact my husband but what kind of sentence would we expect for Breach of the Peace?
Any help you can give is much appreciated - I am absolutely terrified, have never been in this situation in my life.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If he is on police bail he must have agreed to stay away from you and the house. That cannot be changed now until he appears in court.
The procurator fiscal will decide whether to charge you depending on what the police report says and whether there is evidence of an assault which can be proved. As they have charged your husband it is less likely that they will also charge you but the PF is the sole decision maker in this situation.
From what you say about this, both of you were at fault, and it's unlikely that a court will do anything other than issue a fine and possibly recommend you get some kind of counselling.
I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for your advice.

We were both at fault but my husband has been charged with Breach of the Peace not in relation to the incident but to his behaviour the next day.

In terms of the incident I'm not sure either of us were charged per se - just released pending further investigation. How long do you think it will take to hear from the PF?

I'm not understanding how the bail conditions need to wait until he appears in court as it was police bail not court bail?

Expert:  JGM replied 2 years ago.
The PF can take six months, sometime longer depending on how busy they are.
The police will not change bail conditions so the first available chance to do this will be at the first court appearance.