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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Family Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hi would like some advice on behalf of my niece sge has just

Customer Question

hi would like some advice on behalf of my niece sge has just had a court summons to attend court as a witness for the ex partner of a man who raped her but was not chrged for it . his ex partner is using the rape as a way of stopping him seeing his children .my niece is annorexic and self harms we have just got her back on track and now this has arose is there any way we can stop this court order
Submitted: 2 years ago.
Category: Family Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the summons for ? What type of case?
Customer: replied 2 years ago.

its a family law case

Expert:  Jo C. replied 2 years ago.
I will pass this onto our family specailist for you.
Customer: replied 2 years ago.

how long will this take please,as i need to have a letter into the courts by tomorrow as the summons was only hand deliverd this evening

Customer: replied 2 years ago.

please can you answer my last question,i asked you

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I am not a family law specialist but deal with criminal/civil proceedings. I see you need an answer asap so will try and help.

In short if there is a summons to attend and the person fails to do so the Court can, on application, grant a warrant of arrest. This means the person can be arrested and brought to Court.

It is very rare that this happens and would only be for that day. So if the person does not attend and makes sure they are somewhere else where they can't be found for the day then nothing will happen.

Otherwise they need to go because they are summonsed to attend.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

in the court summons there is a pargraph saying in the event of my niece wishing to to vary/discharge the terms of the witness summons,must do so in written application marked for the attention of the judge ,the warrent officer who handed this to us tonight has never seen this in 20years ,my neice has mental health problems is this why they have included this discharge,and while we have been waiting and it was urgent i have drafted a letter to the judge,you have just said if my neice does not turn up in court nothing will happen ,but it can she will be arrested and takeing to court as this is a summons

Expert:  Ash replied 2 years ago.
She needs to go and make an application that it be discharged. A Solicitor can do this on her behalf. If she has mental health problems then if you have a psychiatrist report that would also help.

Could she be arrested if she does not attend - yes.

Can I clarify anything else for you?

Alex
Customer: replied 2 years ago.

why has she been giveing the opption of a discharged,could this could be because the person in th case alleged raped my neice

Customer: replied 2 years ago.

we dont have a solicitor and dont have time to get 1 as ive only got untill tomorrow to get the letter into the judge


 

Expert:  Ash replied 2 years ago.
A Court generally allows an order to be discharged or varied.

You can get a Solicitor tomorrow morning - you have time. Some firms have a 24 hour number.

Can I clarify anything else?

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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