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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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I had a domestic with my partner but she had withdraw her

Customer Question

Hi. I had a domestic with my partner but she had withdraw her statement and does not wish to proceed with this. There is no way she wants it to go to court. Could I still br charged
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes briefly but unable to contact him as I can get hold of him.
JA: What advice did they give you?
Customer: He said without my partner willing to go to court it will be hard for them to make a case
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: I have got previous from 6 years ago that was quite serious I did go to jail for it. This is the first altercation between me and my partner and was totally out of character we get on great ... I was heavily intoxicated also
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Has she does this before to you or to others?
Customer: replied 1 year ago.
She has withdraw statements in the past with previous partner. However I also have a previous for a domestic that I ended up in jail for
Expert:  Jo C. replied 1 year ago.
Yes, well we all have rows. We don't all get the police involved in them.How many times has she done this to you before?
Customer: replied 1 year ago.
Never too me. We have never had a domestic in over 4 years together. But the police are making it hard for me and are using my past against me.
Expert:  Jo C. replied 1 year ago.
They aren't making it hard on you. They are trying to stop women like her wasting their time on relationship twaddle.
Expert:  Jo C. replied 1 year ago.
Generally speaking, police officers would much prefer they didn't have to waste their time and efforst on domestics.What did she allege on this occasion?
Customer: replied 1 year ago.
She has marks on her neck black eye.and she had stitches in her leg as she fell on a gate pin. She has stressed to them that I did not do that to her leg. But she did say I punched her and grabbed her. I had 2 black eyes claw marks all over cuts to my eyes and face but I haven't been arrested yet and they are almost gone now. I do have pictures.
Expert:  Jo C. replied 1 year ago.
Ok. They will summons her. There is no way they are going to let her drop that. This is an allegation of a fairly serious nature.Bear in mind that the overwhelming majority of domestics are just nonsense like throwing TV remote controls at each other.
Customer: replied 1 year ago.
What if she refuses to give evidence. The police do have a brief statement off her. They also took photos off her as she slept they are going to use them as evidence
Expert:  Jo C. replied 1 year ago.
Whether she answers the summons is another matter. If this is the first time she has done it to you then it might be that they wouldn't be willing to seek a witness warrant. It depends how much of a drain on resources she has been hitherto.
Expert:  Jo C. replied 1 year ago.
If she goes to court and refuses to give evidence they will probably threaten to bring charges against her. Whether they will do it is another matter.Generally speaking it is better to stay away but that is a contempt of court as well.
Customer: replied 1 year ago.
Can they still make a case against me without her cooperation
Expert:  Jo C. replied 1 year ago.
She has cooperated. Don't accept her excuses. Women always come up with this nonsense and try to blame the police. She called, she made a statement, she let them take photographs of her injuries. This is absolutely entirely her fault. The police didn't turn up uninvited and make her give a statement against you.
Customer: replied 1 year ago.
She called an ambulance as her leg was bleeding she was panicking. She told me to leave. As this was an emergency call the police attended. They threatened to take our daughter if she didn't make a statement. Then in the hospital after she had been seen they took pictures without her knowing. She has kicked off about this as she don't want any of this we just want to try and get back to normal. But they say that are dealing with it their way it's not illegal to take pictures of someone sleeping so they will be used as evidence.
Expert:  Jo C. replied 1 year ago.
Oh yes, I know they put pressure on people. She could still have refused a statement. They had no evidence of any child protection issue.
Expert:  Jo C. replied 1 year ago.
The police are over zealous. That doesn't remove the responsibility of the person who makes the allegation.I understand that you want to forgive her but you should be aware of her role.Bet her initial statement doesn't mention anything about your injuries and how they were caused.
Customer: replied 1 year ago.
How would they decide if it goes to crown or magistrates. The alleged offence is abh apparently it's the more serious charge
Expert:  Jo C. replied 1 year ago.
I would imagine they would say that is suitable for summary only jurisdication but you can elect if it remains an ABH.It might well turn into a common assault.
Customer: replied 1 year ago.
I will be going to the station tomorrow to face this. I know hear they are trying to change it to gbh or gbh with intent this is ridiculous rite
Expert:  Jo C. replied 1 year ago.
It depends on the injuries but probably.I'm happy to continue with this but please rate my answer.