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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Common assault case, I over reacted and gave police excessive

Customer Question

Common assault case, I over reacted and gave police excessive infos.
I had a relationship that went wrong, after loosing his job last year my ex became depressed and started drinking. One night he lost the plot and smashed a door, i had to call the police as i could not calm him down. He was arrested, I did not press charges and he was released the next day. We went our separate way and he stayed else where, not at my house. This was last february.
We slowly started communicating again, he had sobered up and found a job, he was on a good path and we got on fine, as friends. One day he broke his leg whilst helping me doing DIY and lost his job as consequence, so i let him stay at my place as he could not afford rent. We were not in a relationship and he stayed in my spare room. For 2 months all ok, we got on well, but he progressively became more depressed...till last friday he drunk again.
I arrived home and found him drunk together with another very drunk mate. I asked this other man to leave my property and he became confrontational and swore at me. We started arguing really badly. My ex told the guy to go out and tried to calm me down and put his hand on my shoulder, perhaps a bit roughly but didn't hurt me.
I was freaked out. I totally lost it, i was angry and humiliated by this other man refusing to leave and calling me a bitch.
I called the police. I was so out of my mind that when they asked me if they had touched me i said yes, i said i had been pushed by both men.
This is not true. Both men were drunk and aggressive but i was not pushed.
I do not regret calling the police, as both men were drunk and the other man refused to leave my house, but I reckon i acted in anger and fear and gave the police a wrong impression of the situation.
The next day, i was interviewed again and i did not press charges, trying to tone down the situation. I was not hurt, I have no bruises and I told them my ex had clearly slipped back to booze but i do not consider him dangerous, i am not scared, and i said i felt I was over-reacting. Police seemed to think I was trying to protect them.
Police charged them anyway both with common assault, both are banned from contacting me.
I understand that, as there were insults said, they would have been charged anyway.
However i feel i made the situation worse.
Is there something I can do to clean up this mess? Any advice? If i tell the police that i was wrong, will i be charged?
I tried to contact the officer who interviewed me but she is on holiday.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this the first time you have contacted the police about this please?
Customer: replied 2 years ago.

As i wrote above I had contacted the police in february 201 as my ex had a nervous breakdown and smashed a door. He was not charged.

Then i called again last friday when this situation happened. I dropped charges but police pressed charges.

Because one man was refusing to leave my property, and both men were drunk and we argued badly, i think they would have been charged anyway. I don't regret calling the police, it was the right thing to do as I felt treathened and I could not control 2 drunks. However I feel I exagerated what i said because i lost my temper and I was not in my right state of mind.

Expert:  Jo C. replied 2 years ago.
Ok.
How many times have you called the police to a personal dispute please?
Can you also indicate how many times you have done this in other relationships? It will make a difference?
Customer: replied 2 years ago.

never. this is the first time i am ever in contact with the police

Expert:  Jo C. replied 2 years ago.
I thought you said above that you had made other calls?
Sorry if I'm missing the point but your history of calling the police will change everything.
Customer: replied 2 years ago.

though my life i have never had anything to do with police.

then i had to call them first time in february 2014 due to my ex going mad, then again last friday.

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