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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience:  Solicitor with over 15 years experience.
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I been arrested for common assault reported falsely by my wife,

Resolved Question:

I been arrested for common assault reported falsely by my wife, all of her injuries are self-inflicted to get me in trouble with police because I threatened to report her to the police for domestic violence towards me.
Police bailed me for pending investigation.
What can I do about this.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience I will try to help you with this.

LondonlawyerJ :

So you are on police bail and due to return to the police station probably in a few weeks. Do you have an more specific questions?

Customer:

during police interview i told them everything that I'm the victim of domestic violence and she is lying. what will happen when the police don't charge me, does that mean police doesn't believe her

LondonlawyerJ :

I am on my way to court at the moment but will answer you when I finish at court hopefully later this morning.

Expert:  LondonlawyerJ replied 3 years ago.
OK, so the police arrested you on suspicion of a domestic assault on your wife. She made a malicious and false allegation. You explained this to the police in the interview. You are on bail, no doubt with conditions to keep away from her and the area where she lives. There are unlikely to be burdensome conditions unless there are children.
Do you know if they have arrested her on suspicion of perjury or for the assaults on you. It is hard to say what you can do really. If you have put your account interview probably not much. If there are any witnesses to her assaulting you then hopefully you will have given their details to the police, If not you should contact those witnesses to see if they are willing to help you. You could then give her details to the police. If there is any other evidence (photographs, etc) then preserve these and keep them safe. Other than that you will need to wait for the police and the CPS to come to their decision about whether to charge you. The will charge you if they think there is sufficient evidence that a conviction is likely and the prosecution is in the public interest.
Unfortunately due the historic under reporting of domestic violence the CPS rarely use their discretion not to prosecute when an allegation has been made.
If the CPS and police decide not to charge then this will mean that they do not think they can prove the case and this may (or may not) mean that they disbelieve her but it may not. They do not have to and are unlikely to give you their reasons for not charging and it would be silly to demand to know as this may lead to them changing their mind!
I hope all this is clear and answers you question but please feel free to ask follow up questions
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