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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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Customer Question

Hi. I'd got conditional bail for see my wife and I can't contact with her directly and indirecty and I can't go for street where she is living because on 1.02.2013 so friday next week I have to go to court for charges when I'd been arrested two weeks ago. Police arrested me for accusation assault by beating her. For year ago she also made me troubles and they arrested me but it was my first time and I got cautions. Situation was similar but on my first time in cell I'd been so embarrast and confused that I considered that if I admit they realese me. She accused me about pulling her hairs but it wasn't. I just awared her don't push out 8-month son because you will in trouble with me. Yes sounds not nice but I was on way to work for night shift and I have to leave my litte son with his mum and my wife just before she pushed him from bed because he cried. So I treatened her and went to work. At the morning when i back home police came for me. They don't take me but she treatened them that if not she will do statement for them. So they arrested me. To make matters worse my son got astma cough and my wife looked so depressed (I think after pregnacy or berth) and worried about him that she accused me about his sick. So I'd like to go back home from arrest as soon as possible. And without any professional advice signed everythink and with caution record went home.
Just a few days ago I'd been arrested again for assoult by beating my wife. But situation was bit different. We are separated on way to divorce. We are not living together rour years but we agreed share care our son. From time to time I stopped in my wife house mostly to help her with our 5 years old son. Week befire police arrested me we spend all ling day together me, my separated wife and our son. We went on tour to cambridge. We started from service in Polish Church then we went on museum an despite my tired son we was wolking and enjoyed in museum mostly separeted each other but. Then we went for dinner and back home. After she throw me out and back home. then I tried to contact withh her to arrange meeting with my son. She didn't call me back just asked to call her later. She refused me take him from school and visited him during the week. So I did ask who will stay with our son tonight when you treat me like that. She answer me -you and bit flustrated I stayed with my son in her home. Every time when I stayed in her home she went to work for night shift. At the morning she came back and I went to work. It was working despite that she called me every time and then I'd been sad. On Saturday after work as usuall I took my son to polish school. Then I came back and I refused to stay in her hokme because she was nasty to me and I didn't wont shaw her that she can do what she want. So I came back her home at night where she went for work. At the Sunday morning she throw me out without any reason. Confused I left her home in advance I did ask her to take our son for a party but she told she wil l thinking about. Then I tried contact with her and come during day. She refused me. I met her with my son in the church and she refused me take our son for this party for kids. Then she refused me come earlier about 6 o'clock to my son to bit play with him and put hi into bed. So very confused I didn't want come to her home at all. Because I thought responsible for my son I came but later. Maybe I would avoid come to her but in my home was so cold that I prefer come to her home and despite her nasty behaviour stay with my son at night where she is going to work. She looked relaxed when I came. But for me this wasn't nice. I decided to show her me character and became angry. I shouted doors and bit shouting for her reproach for her, her all week when she nasty ignored my phone call and despite my bags about see my son she refused me. She started record my behaviour. When I realised this I grabbed her phone which she had in her pocked. She did something simillar couple days ago and I let see and then she gave me back me phone. But now she started bit me, kick me, punch me and really fight about this phone but I caught only her phone and didn't fight back with her. It was in front to my son and he became cry. After I immediatly left her phone. She calmed herself as well but my son became stress. He got a sick. then he calm himself down and he ask her to go work and prefer stay with me. I calmed him down, gave him cuddle then he slept. I started send messages to her that I'll never again come to her home with everything bed what I though about her. At the morning she came back and after her came police. they arrested me because i scratched her. I didn't see this but is likely that she been scratched but herself not from me. Maybe she did something more or did somebody at her work. I don't know. Police right me assault by beating her section 39. Could you tell me will I convicted about? Can I try by solicitor reach a compromise with my wife betore go to court?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Would you mind summarising the facts above? I think you have exceeded the word length and I cannot view it all
Customer: replied 3 years ago.

What information you need. I just wrote down everything.


Expert:  Jo C. replied 3 years ago.
Yes, I understand that but I cannot view it all because there is a great deal of it.

If you could summarise it into one paragraph that would be great. Please don't put yourself to detail.
Customer: replied 3 years ago.

section 39 assault by beating. I had caution before. I don't want be any convictions. I thinking to reach a compromise with her before go to court. But I have conditional bail and I can't contact with her. So I'd like to do it by solicitor before go to court. Is it possible?


Expert:  Jo C. replied 3 years ago.
No, its not I'm afraid. In fact, that is called perverting the course of justice unfortunately and it leads to many years custody.

You already realise that you are on bail with conditions not to contact her. Making contact is a breach of bail which could lead to you being remanded. Making contact with her in an effort to get her to drop the case is perverting and then being remanded would be the least of your worries.

A solicitor will not do it for you or at least should not as its an offence.

Of course, she may retract anyway but then if the caution arises from an assault upon her unfortunately CPS would probably want to summons her to give evidence.

Im very sorry but you cannot make contact with her and try to get her to withdraw.

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