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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 344
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My ex partner is out on bail for assault and domestic

Customer Question

My ex partner is out on bail for sexual assault and domestic violence on me, is there anyway I can drop the charges , as the thought of going to court is stressing me out
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Scotland
JA: Has anything been filed or reported?
Customer: there are not any witnesses , but I've been questioned, they've taken my things I had on that night, I've not heard anything about the case just that their looking into more evidence
JA: Anything else you want the lawyer to know before I connect you?
Customer: He's out on bail and cannot contact me, was just wanting to know if I can just call it a day
Submitted: 9 months ago.
Category: Scots Law
Expert:  Stuart J replied 9 months ago.

Scotland is more harsh on DV than England is.

The days have gone when a domestic incident, assault, or rape could be reported, and then the complainant could “drop the charges”. Now, it gets referred to the CPS/PF and therefore once you have made the complaint, you have set in motion a rollercoaster which it’s not possible for you to stop.

If you are summoned to court as a witness, which you could well be, and you don’t attend, then you will be in contempt of court and liable to arrest.

If you withdraw your statement and say that it didn’t really happen, or that you are exaggerated, could face prosecution for wasting police time.

What you could do is attend court and then refuse to go into the witness box. It is still contempt of court but it is rarely prosecuted although there is a risk.

If you expressed to the CPS/PF, your reluctance to give evidence, then the CPS may then drop the case through lack of evidence because they don’t want a witness who is “hostile” (of no use to them).

In a domestic violence matter, if there is a restraining order or bail condition then either of you can make an application to court to have the order or condition revoked and you of course would say that you are happy for that to happen. There is no standard form, it is simply a case of writing to the same court.

You cannot consent to be assaulted and therefore the court will not automatically revoke the order just because you have agreed to it. However it does make it very difficult to enforce because it would generally only be enforced if you actually made a complaint. There is no standard form to apply to court, it’s simply a case of writing to the court.

Does that answer the question? Can I answer any specific points arising from this?