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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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my wife reported to the police I assaulted her and the police

Customer Question

my wife reported to the police I assaulted her and the police arrested me removed me from the family home and attached bail condition i should not contact her.

I started child contact order proceeding to see my son, but due to police bail condition i can't attend the first court hearing. The bail condition is restricting the right for me access my child.

what can i do about this
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.


What would you like to know about this p[ease?
Customer: replied 3 years ago.

if I do attend the first hearing would that breach my bail conditions

Expert:  Jo C. replied 3 years ago.
It depends on your bail conditions but if that is the issue then its easy enough to resolve.

Are you on police bail or court bail?
Customer: replied 3 years ago.

police bail

Expert:  Jo C. replied 3 years ago.
You need to get your solicitor to ask the police to vary it so that you can attend hearings for the purposes of child contact.

There shouldn't be any objection to that. You are not going to do much damage at a family court even if her allegations are true.

In my experience, the police generally know that most of these domestic allegations are a waste of their time and are only too happy to vary conditions to stop women using them to obstruct contact.

Customer: replied 3 years ago.

how soon can it be done because the hearing is next week. do you know approximately solicitor fees to handle this matter

Expert:  Jo C. replied 3 years ago.

You need to get legal aid sorted out.

If you cannot do that then you could call the OIC yourself. Usually it can be done in a day. You dont need to get a court hearing for this.

Next week will be fine.

You might find that the condition doesn't prohibit a court attendance anyway but its best to ask.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

bail condition not to contact my wife in any way, but at the hearing I think i will see her and discuss with her about child contact arrangement.

Customer: replied 3 years ago.

what do you mean by call OIC

Expert:  Jo C. replied 3 years ago.

A condition of non contact doesn't cover a court hearing save for very exceptional situations. However, its a good idea to call the OIC and warn him. The OIC just means the officer who is dealing with this

Expert:  Jo C. replied 3 years ago.
Hi

A family specialist has just pointed out that you also need to warn the family court so that they can make arrangements to keep you separate so that she does not use that as an excuse to create a scene as we all know she will.

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