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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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I have been living with my female partner for 3 years and been

Customer Question

I have been living with my female partner for 3 years and been with her for 6 years. In the past 2 years she has had me arrested 4 times for what she regarrds as common assult . On the first two occassions the police took no action, but on the third occassion, I was forced to take a caution (or they would of charged me and bail conditions would of prevented me from goimg to OUR house (which I pay everythng for) so I stupidly took the caution. She then filed for a Non Molestantion order and and an Occupation order. She was granted the former without me knowing, but was served with a court date (next day) to appear in court to defendthe Occupation order. A temp OO was imposed which I agreed to as the trial was only 2 weeks away. On the morning of the trial a settlemennt was made and I was allowed to return to our home (with the NMO still in tact and her taking a undertaking for a non molestattion order. When we got home, we both breached the NMO by being in each others room and being intimate. This has been fine for the past 5 months and we have been living back as a couple and both in breach of the NMO. A few weeks ago, she claimed I trapped her fingers in the door (I was trying to get away from her anfd went to my room to get away from her and this is when the incident took place) She called the police and I was arrested for Common assualt and breach of the NMO. I was later that evening charged on both courts and bail conditions prevented my contact with her or indeed going to my house. I stupidly texted her a few times to say what on earth she was doing and what is happening with the house, which is being sold (as we were still looking to buy somewhere else togther). she reported me to the police and I was re-arrested and remanded in custody till the following day when I went to court. I really thought that I would end up in prision until the trial. I pleaded guilty to breach of bail and the NMO but not guilty to common assualt and the original NMO. I dont know what to do now. It has ben 6 weeks of me living at my sisters on her couch. I understand that even if I am found not guilty of common assualt, she could still get a restarining order on me and me still paying all the bills/mortgage on our home. She has contacted me today and said that she misses me, she does not want to go to court, and if I was to plead guilty (reckless) she would not insist in a restraining order and we could be back toghter again and take the house off the market etc etc. I really dont know what to do, I am 50 years old, have no previos convictions and her suggestion seems like a way forward, I am clearly concered about getting a criminal record, and how that will affect my life/work (I work in education)

Any advice would be gratefully recieved

thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.


I just need advice as to whether I would be better off pleading guilty for something I have not done and get part of my life back together again or stick to my non guilty plea?


 

Expert:  Jo C. replied 3 years ago.
I'm not clear whether you returned home in breach of a non molestation order served upon you or not served?
Customer: replied 3 years ago.


I did not return home, I sent her a few texts and this was viewed as pestering her (breacj of NMO), I did not suggest for one moment that she droped the charges


 


 

Expert:  Jo C. replied 3 years ago.
So it was this allegation of common assault that lead to the ex large non molestation order?
Customer: replied 3 years ago.

Yes, not sure what you mean by ex large NMO


 

Expert:  Jo C. replied 3 years ago.
Sorry, that was pre emptive messaging on the ipad not recognising Latin.

Ex parte non molestation order?
Customer: replied 3 years ago.

Yes that was what it was


 

Customer: replied 3 years ago.
Relist: I still need help.
Customer: replied 3 years ago.

Is someone looking at my situation and planning on getting back to me soon? Thank you

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Yes I am ok waiting a bit longer, but I woudl rally like to get an answer today


 


Thank you

Customer: replied 3 years ago.


I know note that this question has been closed, without a response, however I also note that I have been charged for this. Please update me on the current status of this question


 


Thank you

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