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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34873
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I was accused of domestic by my partner and the case is with

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I was accused of domestic by my partner and the case is with the police and CPS.But my partner want to discontinue the case but she is scar the social worker can take our son to a foster home. Any advice please
Customer: replied 3 months ago.
I was accused of domestic violence by my partner and the case is with the police and CPS.But my partner want to discontinue the case but she is afraid the social worker can take our son to a foster home. Any advice please

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is the Child and have Social Services already visited?

Customer: replied 3 months ago.
The child is a 8 month old
Customer: replied 3 months ago.
the child is 8 month old
Customer: replied 3 months ago.
the social service visited my partner after the incident
Customer: replied 3 months ago.
My partner was the victim and not the child

I am afraid it is not up to your partner whether or not the case goes ahead - it is a matter for the CPS.

Your partner can say she will not give evidence but if she does not there is a risk that Social Services will regard it as a Child Protection issue I am afraid.

You shoudl ask Social Services for an appointment to discuss what they need you to do to reassure them that there is no risk

I hope that this is of assistance - please ask if you need further details

Customer: replied 3 months ago.
after my partner gave her statement she did not sign it. i have been banned to go to our flat.Do you think they can change this
Customer: replied 3 months ago.
after my partner gave her statement she did not sign it. i have been banned not to go to our flat by the police.Do you think they can change this in the future

This will eventually change depending on whether or not you are charged?

Customer: replied 3 months ago.
i have never don't this before
how long can it take to change
Customer: replied 3 months ago.
our flat ,i am the person paying all the bills because my partner is not working.should i continue paying the bills now that i have been banned not to go to the flat.
Customer: replied 3 months ago.
The social service said they can't help her to pay the bills
Customer: replied 3 months ago.
what are the charges for domestic violence

If you are charged then you will have to stay away from the property until after the hearing

I am afraid that you will have to continue to pay the bills - although your partner should also apply for housing and other benefits

Customer: replied 3 months ago.
but i don't have money to pay both property.i can't sleep on the street
Customer: replied 3 months ago.
Since she did not sign her statement can they still charge me
Customer: replied 3 months ago.
please can you advice me on what to do.I have an appointment with the police on the 24 november

Yes they can still charge you even if she did not sign her statement

Your partner needs to apply for housing and other benefits so that she can cover her rent

She can get advice from the organisation here

https://www.womensaid.org.uk/

You also need to meet with Social Services to see what their approach will be

Customer: replied 3 months ago.
I meet another lawyer today refer to me by the lawyer society .He told me they will not charge me because they don't have sufficient evidence to do that. He said and if my partner want to discontinue the case the social has no right to stop her.

He cannot say that for certain - and he is certainly wrong about Social Services

You must speak to Social Services and see what their current position is

Customer: replied 3 months ago.
Do you think if I want to relocate with my family back to my country of origin Denmark the social service is going to stop me?I don't think so
Customer: replied 3 months ago.
After 28 days without an injunction from the court not to go home .I have the right to go home.And if I am not charge by the police I have the right to go home the social service can't do anything about it.
Customer: replied 3 months ago.
Secondly , by law you can't never stop a father with no crime history to see the son.

I am afraid that whilst you are indeed free to return home - as soon as the police either lift their bail restrictions you are incorrect when you say that Social Services cannot do anything about it.

Sadly if they consider the child is at risk of witnessing Domestic Violence they can instigate Care Proceedings whether or not the police continue with the Prosecution.

Criminal courts work on "beyond reasonable doubt" - family courts work on "balance of probability" - there is a very very large difference.

If this was a one off and all the other indicators are good then it is unlikely that Social Services will take action - HOWEVER what will make them more likely to act is if your partner tries to withdraw the allegations - that will ring very loud alarm bells.

You must be seen to be being remorseful about whatever actually happened (whilst not admitting any details) and to want to work with Social Services to ensure that you can return home at the earliest opportunity.

Customer: replied 3 months ago.
Thank you very much this is the best response I got.

I hope all goes well for you

Customer: replied 3 months ago.
Hi care ,
Is it a good ideas to sign a non molestation order.Any impact?

Has your wife served this on you?

Customer: replied 3 months ago.

So in fact your wife is taking this further?

Customer: replied 3 months ago.
she is taking this further?
Any impact on that?
Customer: replied 3 months ago.
The non molestation order was not a good ideas for her to do?

It is her choice not yours - offer to give an undertaking not to contact her

Customer: replied 3 months ago.
No the police persuade her to do so.it mean I can never contact her or go closer to her right?

It means that you will have to stay away from her - yes

Clare and other Family Law Specialists are ready to help you