How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

My partner has been charged with common assualt and tested

Resolved Question:

My partner has been charged with common assualt and tested positive on a drugs test . the cps are prosecuting and a court date has been set . I do not want it to go to court . It was totally out of character , has never happened before and my partner is now seeking professional help for his drug problem . is there anything i can do to prevent this going to court and getting his bail conditions ( no contact with me or 2 other witnesses ) lifted .I was not the person who contacted the police .

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was this domestic violence related? Did you call the police?

Hi Alex ,

Alex Watts : Hello.

I did not call the police . a neighbour did . the police attended and took my partner away . he has never been violent towards me whatsoever before . i know it was a combination of drugs and alcohol that resulted in his violent behaviour . When i was in contact with the police on monday i was informed that even if i did not want to prosecute it would be refered to the cps and as a result the decision has been made to prosecute . I do not want this and need your advice as to if there is anything I can do . My partner and I are both respectable adults (49 & 48 ) who hold responsible jobs .


He is , as I write , attending a clinic in Birkenhead , Merseyside to seek professional help for his drug addiction .

Alex Watts : Has he admitted it in interview? What did the witnesses see?

any help / advice you can give me would be greatly appreciated Alex

Alex Watts : Of course

in interview he was advised by his solicitor to answer no comment . One witness was with me in our flat when Nick came home . He was very verbally abusive towards her and she got up to leave as told to by my partner . then he came towards me shouting abuse . I am not sure if she witnessed him putting his hand to my throat or throwing me on the floor . a second witness came up to see what all the shouting was about and to tell Nick that his children were in bed . He saw me on the floor and Nick kicking out at me . then he called the police


I think the lady in the flat saw Nick kicking out

Alex Watts : Ok. The bad news is you have no control over the prosecution. It is down to the police whether or not they proceed.
Alex Watts : What you can do is give a statement saying you don't support the prosecution.
Alex Watts : Did you give a statement saying what happened?

I was interviewd at the time by the police and yes I did give a statement . Alex I know what he did was wrong but I also know it was totally out of character and he is devastated by his actions . He was given a date of next Tue to attend the drug abuse clinic but rang them yesterday to try and get help asap . Hence him going yesterday and today .


re the statement saying I dont support the prosecution ;Would I contact Merseyside police with the crime ref number ?


What would happen if I didnt attend the court hearing ? ( obviously I dont want to get into any trouble ! )

Alex Watts : Why did you give a statement if you didn't want the matter to proceed?

I suppose you can call me nieve never having been involved in anything like this !! Obviously at the time I was very upset and shocked . I just told them what had happened and gave the statement thinking that was what I had to do

Alex Watts : The problem is it is out of your control, you can give a statement saying you don't support the prosecution
Alex Watts : But it's not in your control to stop it.
Alex Watts : If you indicate you are not willing to go to court they can summons you.
Alex Watts : If you do not attend court then could have a warrant for your arrest to be brought before court.
Alex Watts : That does not happen very often but you won't have criminal charges against you
Alex Watts : The other witnesses can give evidence and he may or may not be comvicted
Alex Watts : But that is all you can do - give a statement to police
Alex Watts : Can I clarify anything for you about this today please?

ok , I will contact Merseyside police . Thank you for your advice Alex

Alex Watts : is there anything else I can help with?

no , thats it Thank you

Alex Watts : Ok, if I could just invite you to rate my answer before you go - thanks
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice