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My ex partner threatened to kill and caused criminal damage

Customer Question
to her car after she...
My ex partner threatened to kill and caused criminal damage to her car after she contacted me and tried obtain information about nature of our now past relationship. He went over the top and threatened to kill her and caused damage to her car. She was locked in the course with two kids of7 and 16 years old. He was released on bail next morning but breached bail contacting her multiple times which she reported to the police and he got arrested last saturrday due to be in magistrates today. What possible outcome can be from such situation ?
JA: What state is this in? And how old is the car?
Customer: It in the UK
JA: What action has been taken so far? What's your ideal outcome?
Customer: damage to the car was just bellow 500 pounds
JA: Anything else you want the lawyer to know before I connect you?
Customer: well one of the minors involved had a bit of meltdown and had to be taken to witness support facilities to have supervised statement taken.
Submitted: 1 year ago.Category: UK Law
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Answered in 2 minutes by:
8/8/2016
Solicitor: Jo C., Barrister replied 1 year ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,635
Experience: Over 5 years in practice.
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I'm not sure who has done this?

What is your connection to them?

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Customer reply replied 1 year ago
I am his ex partner
the victim is my ex partners exfiancee the defendant is my ex boyfriend
Solicitor: Jo C., Barrister replied 1 year ago

Why are you involved in this?

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Customer reply replied 1 year ago
my ex partner amid, his ex fiancee and her two children aged 7 and 16 who were with her at the time when incident took place. they all run upstairs and barricaded themselves in bedroom until police arrived
Customer reply replied 1 year ago
I am involved because we are still friends with my ex and whle situation happened after ex fiancee of my ex called me asking me if we were a couple in the past. this triggered my ex aggressive reaction
Solicitor: Jo C., Barrister replied 1 year ago

Will she give evidence?

Has she done this before?

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Customer reply replied 1 year ago
both her and her daughter given statements, the minor had a meltdown being interviewed by the police and had to are taken to victim support centre where she has therapist assisting her
she will give evidence
Solicitor: Jo C., Barrister replied 1 year ago

She can't have a therapist to assist whilst giving evidence and should not have done whilst giving a statement. That will have to be disclosed and will weaken any evidence obtained in that way if not exclude it.

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Solicitor: Jo C., Barrister replied 1 year ago

It is quite unlikely he would be convicted of threats to kill. It is almost impossible to prove.

It will probably turn into a criminal damage. That will depend on the level of the damage.

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Customer reply replied 1 year ago
what about breaching bail condition?
Customer reply replied 1 year ago
threats were made outside the house on the busy street, there may be other witnesses
Solicitor: Jo C., Barrister replied 1 year ago

Depends on the nature of the breach and the volume.

There isn't a specific penalty for breach of bail. The issue is whether you are readmitted to bail but since he was bailed at all this is clearly not a threats to kill of the highest order. People don't get bail upon serious threats to kill in earnest.

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Solicitor: Jo C., Barrister replied 1 year ago

The issue isn't the threat.

The issue is the intent.

What this will be is a S5 public order. It will not be a threat to kill

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Customer reply replied 1 year ago
ok so community order sentence at most
not likely custodial sentence
Solicitor: Jo C., Barrister replied 1 year ago

Not for criminal damage.

Threats to kill would attract a custodial sentence but that is not realistic Im afraid.

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Customer reply replied 1 year ago
understood, thank you for your expertise counsel
Solicitor: Jo C., Barrister replied 1 year ago

No problem.

All the best.

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