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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I was assaulted by my partner but due to no witnesses no charges

Customer Question

I was assaulted by my partner but due to no witnesses no charges were made. The police being determined to "get him" as they felt very let down by the PF, decided to come back out and ask me about any times he was abusive or threatening towards me where there were witnesses. Being very angry and upset but full of medication, I spoke about times we had had drunken arguments and he had threatened me. All was quiet for 8wks and we were actually sorting things out......he was then rearrested and fully committed for precognition solely on the incidents that I told police about. They have managed to find 5 assault charges based on what I told them.....he never assaulted me.....but yes he did threaten me and pushed me on one occasion! The original serious assault has not even been mentioned even though it was this that started all this. In a nutshell I want to sort things with him and try and stop the prosecution....? Is this possible?
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

You need to make it clear to the police and PF that you do not wish to proceed.

However as this is a domestic type incident they could compel you to attend court by obtaining a witness summons.

Domestic cases are prosecuted vigorously these days as a result of the Government introducing a tough policy on domestic violence.

If you are absolutely adamant that you do not wish to attend court you have to make your feelings know.

You may have to instruct a solicitor to write to the PF on your behalf.

Ultimately if you are told by the court to attend and give evidence then you must do so.

One word of warning: be careful of changing what you told the police. If you tell them your allegations were lies you could be prosecuted for wasting police time or perverting the course of justice.

Alex