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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There I have had my partner arressted second

Customer Question

Hello there I have had my partner arressted for the second time. In regards ***** ***** voilence. I only ever signed the statement. Digitally and the cps have asked for it to be hand signed which I have declined as I don't believe after reading back through the statement it is fully true and is very detrimental to my partner. He is currently on remand. I am also due to have a baby in July. I'm really concerned that I have made things so much worse when all I wanted was for him to get help. After much circling with the police I am due to make a withdrawal statement and a new personal victim statement. But I really want to help my partner as I feel it's all got way out of hand.
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question.
Please confirm what information you require answering?
If the police have agreed to the withdrawal statement being made and the case being dropped their involvement will stop there, however their record will still state that he has been arrested for domestic violence but no further action taken. If you were pregnant at the time of the incident the police would have referred the matter to children's services and a social worker would have carried out an investigation to assess the risk towards you and if father requires any support regarding his actions.
Customer: replied 10 months ago.
I believe the cps will still take it further. Can I refuse the photo evidence to be used??? The withdrawal statement does that mean the case will be dropped???
I am already involved with social services..
How is the best way to help my partner ?
My statement was only
Digitally signed.. The cps have requested it to be hand signed I have refused this. Does
This mean that they can't use it. Can you help me
Customer: replied 10 months ago.
How can I get the case dropped so that he can come Home or at least be off remand and home where he can prepare for the baby etc.
Expert:  Harris replied 10 months ago.
It is usual that if the withdrawal statement is accepted then they will not proceed with the matter as the CPS would need you to give evidence in court. They will assess the withdrawal statement to see if there are signs of coercion for the withdrawal.
In relation to help - you should speak to the social worker to see if there are any programmes or courses he can attend to deal with the issues, but he will not be forced to do these and it must be voluntary. However, if the matter did proceed to court and he is convicted the court will likely set a requirement that he attends a domestic violence perpetrators course to deal with the issues.
Customer: replied 10 months ago.
Do you mean that. So if I withdraw my statement which I mainly because it's not all true and factual and I feel the police have written it in such a manner. Will the cps still not prosecute without me then. I just want him to get the help he needs and that was the point I thought he could get the help he needs because he does love me and a lot of things in temper get said that are hurtful but not ment. I just fear that I have made the situation so much worse and now I feel I am suffering the punishment and it's making me feel ill. So once my withdrawal statement has been made will this get sent straight to the cps and will decide what to do. If the case gets dropped will he walk. If he cps go ahead what can I do because can't they summons me to court.
Expert:  Harris replied 10 months ago.
Yes, the CPS can apply to summons you but they will need to assess both your original statement and your withdrawal statement and see whether there is sufficient reasons and need for them to attempt to continue with the case.
Customer: replied 10 months ago.
Ok so can you help me with the worst case senerio. What can I do I just want him home I'm so scared. If they summons me to court what am I ment to say because I don't want to go to court never did and what am I ment to say if I don't believe the statements made in my first statement are fully correct.
Expert:  Harris replied 10 months ago.
If you are summoned you will have to attend court. However, in your withdrawal statement you can outline what is incorrect in your initial statement.
The worst case is that he may receive a prison sentence depending on the severity of the incident.
Customer: replied 10 months ago.
So basically I don't really stand a chance do I. Because if they Go ahead without me after I have withdrawn the statement and made a new personal victim statement he can still be sent to prison and all I have done will be for nothing or will it help
Expert:  Harris replied 10 months ago.
It will depend on whether they think they have enough grounds to prosecute and whether a summons is necessary. A prison sentence is one of the options depending on the severity of the incident. The court also has the power to order a suspended sentence, community order and other non-custodial sentences.
Customer: replied 10 months ago.
How can they have evidence if mines being withdrawn.
Expert:  Harris replied 10 months ago.
If your statement is withdrawn, the police will still need to see if there is enough evidence to prosecute without it and if it will be in the public interest. Please have a read of the CPS policy on prosecuting domestic violence cases here: http://www.cps.gov.uk/publications/prosecution/domviolencepol.html
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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