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My friend is being charged with domestic violence and has…

Hi my friend is...

Hi my friend is being charged with domestic violence and has hearing soon he accpted during his interview that he did hit his partner with umbrella and the victim has got bruise they also have 2 year old child present at the time of incident what if the accuser pleads guilty on the court what could be the punishment ??

Lawyer's Assistant: Do they have any upcoming court dates on the domestic violence charges?

Yes next month is the hearing incourt

Lawyer's Assistant: In what state did the domestic violence occur?

U.K. London

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He also held the victim by neck and push against the sofa is it considered as choaking?

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Answered in 5 minutes by:
3/24/2018
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,543
Experience: Over 5 years in practice.
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Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

How can I help with this please?

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Customer reply replied 4 months ago
On my above query could you please tell me as to what could me the most punishment that my friend could get if he pleads guilty in court
Customer reply replied 4 months ago
Hi can you please help on above issue ? What could me the most likely outcome of the hearing ?
Customer reply replied 4 months ago
Hello r u there ? I don't want to go ahead with call can I just get advice on messages here

What were her injuries?

How did this come about?

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Customer reply replied 4 months ago
She had a bruise on and and swollan but not very serious she was held from neck and pushed against the Sofa .
Customer reply replied 4 months ago
Bruise near elbow area

So it isn't just a single blow with an umbrella?

How did this come about?

Did the child witness it?

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Customer reply replied 4 months ago
Child witnessed it and was very distressed
Customer reply replied 4 months ago
The couple had an argument regarding serving food husband was angry as the wife didn't serve him food and kept on talking with her family and told off husband that he doesn't need her to serve food he is capable enough to take it himself it didntgo down well with husband when the wife said he was stupid and ask the child not to go near that stupid mans plate then the husband went mad and held her from neck and pushed her against the sofa and hit her with umbrella and still told her not to mess with him otherwise he will box in her face

OK.

Does he have any previous? if so for what and when?

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Customer reply replied 4 months ago
E doesn't have any history of domestic violence and he is normally of good character but he has anger issues and I guess that's what has made him do this

What aggravates this situation is that this took place in the presence of a child.

However, he does have the advantage of having no previous and the mitigation of a guilty plea.

It is too serious for a fine or a conditional discharge in practice but not serious enough for custody. I would expect a low level community order. Despite a very great deal of nonsense from probation, they are going to recommend the think first course or something similar.

Can I clarify anything for you?

Jo

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Customer reply replied 4 months ago
What is think first course ? And will he be safe to get away without prosecution or jail ? What is lower level community order ?
Customer reply replied 4 months ago
He has accepted in his initial statement front of police officer who interviwed him that he did held her from neck and push her and also hit her with umbrella does this mean he will have to plead guilty i court and will he be likely to get sentence or jail term ??

It is too serious for a fine or a conditional discharge in practice but not serious enough for custody. I would expect a low level community order. Despite a very great deal of nonsense from probation, they are going to recommend the think first course or something similar.

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Customer reply replied 4 months ago
In the above case in case if he is given community order can his wife still apply for injunction or non molestation order if he was allowed to return home and wife was still worried if he is going to commit the violence again.

It depends really.

Is she trying to get him removed from his house?

I'm happy to continue with this but please rate my answer.

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,543
Experience: Over 5 years in practice.
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Jo C. and 87 other UK Law Specialists are ready to help you
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Customer reply replied 4 months ago
The house tenancy is on his name and wife has 2 year old because she is on spouse visa she can’t move out anywhere so she most likely try to remove him would it be easy for her to do ? Through non molestation or occupation order ?

She could get a non molestation order easily enough but she isn't going to get an occupation order.

They are much harder to get.

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Customer reply replied 4 months ago
if the non -molestation order is in place would she be able to stay at the same property with their 2 year old son ? would police or court not make an order as he has been violent to her that he would be asked to leave elsewhere?? property is rented on my the sole name of husband .

Yes, she would be able to stay there.

I think I covered the occupation order above?

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Customer reply replied 4 months ago
Can the non molestation orders be applied while bail conditions are in place or they can only be obtained after hearing ??

No, she could seek that whilst bail conditions apply. Two different orders.

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