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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70420
Experience:  Over 5 years in practice.
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There was an incident between me and my partner the

Customer Question

Hello, there was an incident between me and my partner the other night, we argued I slapped him round the face then he punched me in the mouth straight after, i proceeded to call the police. Our little girl was in the flat but oblivious.
I didn't ring 999 because I wasn't scared or threatened by him, I rang the 101 number because he'd had a bit to drink and wanted him to be removed from the flat for the night, as I told them I bit my lip when he punched me they arrested him for abh, but there isn't a mark on me now it was a tiny tiny little nip that's gone already, his last offence was 8 years ago.
I'm not afraid of my partner or threatened, this is the first time anything like this has happened, it was just his reaction to me slapping him - I told the police I slapped him first and I didn't want it taken to court and wasn't gonna press charges and have since said I want to do another statement because emotions were high on the night and I'd had a couple of drinks, what is likely going to happen to my partner? I've made it clear to them that there's pretty much no injury and I'm not scared of him he's not a threat to me or the family - they brought him back at 4 the next morning and allowed him to come back home to me
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
have you done this before?
Customer: replied 2 years ago.
Slapped him? No this is a complete one off incident we were both shocked ourselves after it, victim support rang me the next day and I said I was 100% okay I don't see myself as a victim, I did it first I couldn't stress enough now I wasn't frightened of my partner & vice versa
Expert:  Jo C. replied 2 years ago.
No, sorry, called the police to a domestic squabble.
Of course, you are not a victim. We all have these rows all the time. The problem is that nonsense like this is the reality of what we euphemistically called domestic abuse.
Customer: replied 2 years ago.
No, neither of us have called the police about a domestic incident because there's never been one, he's got a pervious for fighting as a teenager, but that was 8 years ago and has nothing previous domestic related, do you think a prison sentence is likely?
Expert:  Jo C. replied 2 years ago.
No, but I presume you don't want him on bail with conditions not to talk to you for months on end.
Have you made a statement against him?
Customer: replied 2 years ago.
I made a statement saying what happened but I didn't say I was scared of him or he was a threat, I said were a happy family and we both can't believe this has happened, I also said that I didn't want to take it to court or press charges.I wouldn't like him to be on conditional bail because we're a strong family unit and our daughter adores him and I never have and never will feel scared/threatened by him he's a good person, could I get the bail conditions lifted if it came to that?
Expert:  Jo C. replied 2 years ago.
He probably will be bailed. They are not likely to remand him in custody.
But it is likely that conditions would be imposed. It depends. He may have admitted the offence and been given a caution although probably not given the situation you describe.
If he is contesting the matter though there is likely to be a condition of non contact.
I realise that you didn't intend it to go this far but I'm afraid that the days when you could control the actions of the Crown have gone. It is not your fault and nothing to do with you but I'm afraid that some women do use the police as a mediation service and call them every time there is a row in the house. In response I'm afraid the police have really had enough of having their time wasted and can be a bit heavy handed with everybody.
Can I clarify anything for you?
Customer: replied 2 years ago.
Will the case go as far as court? Is it possible that they won't take it any further & if he admits it now would they caution him and that be it? They have no evidence of injury and the whole time I've been saying that hes not a threat, will they take this into account? Sorry I'm just panicking and worried about this whole thing
Expert:  Jo C. replied 2 years ago.
Oh yes, they would almost certainly charge him. Whatever you read in the papers, what we euphemistically call 'domestic abuse' is mostly just perfectly normal domestic rows which end up in court because people call the police. I think I can count on the fingers of one hand the number of genuinely abused women I have seen in my entire career. Mostly it is just people have rows which over spill into minor acts of combat or other trivial offences and the fault lies on both sides but one person becomes the victim.
They will take into account what you have said but the trouble is that they may not believe it. The current PC wisdom is that apparently saying you are not being abused does not mean that you are not. Apparently women are too stupid to make their own decisions according to the likes of Harriet Harman.
Customer: replied 2 years ago.
Would they listen to me if I went to the station (if he gets bail with conditions) and tell them that I don't feel like I need the conditions because he isn't a threat to me or our child? I couldn't stress enough to them this whole process with the police that he's harmless and this was just a completely out if character one off for both of us. Would he most likely be charged and given community service/fine rather than prison?
Expert:  Jo C. replied 2 years ago.
They will listen and they will take into account what you say but it isn't decisive.
In fairness, you don't have a history of doing this and you have to take into account that most people in this position are always calling the police to domestic nonsense and have done it in every relationship they have had. However, you did say this took place with a child in the house which is an aggravating feature and come what may you alleged an assault.
He won't get custody but he could well be prosecuted.
Customer: replied 2 years ago.
One more thing, sorry! They took him to the station around 8pm and brought him back at 4 in the morning to our house, they asked me if he's allowed and I said yes of course so they let him, if they thought the case was serious would they of driven him to an alternate address?
Expert:  Jo C. replied 2 years ago.
Yes, that would tend to suggest that either he was cautioned at the police station or they are happy to let him return with a condition of non contact which they wouldn't normally do with domestics.
They might have taken no further action. They do NFA some of them.
Customer: replied 2 years ago.
I just asked him and he said he wasn't cautioned at the station and they didn't tell him he wasn't allowed to contact me, does this mean there is a chance if he is bailed that we'd be able to get back to family life? Maybe if I suggest regular home checks or something? They've asked him to go back next month. They don't have any pictures of my injury & nothing is visible, could the case be dropped on lack of evidence?
Expert:  Jo C. replied 2 years ago.
If he is free to contact you then there are no bail conditions.
Customer: replied 2 years ago.
Could they change that when he goes back to the station next month? Just to clarify one more time, it's unlikely that he'll get a prison sentence more likely community service/a fine?
Expert:  Jo C. replied 2 years ago.
Yes, they could.
If he is returning to the station then he is on police bail although they would normally add conditions of non contact.
As I have said, he will not get custody.