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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been summons to court due to a domestic violence ca

Customer Question

I have been summons to court due to a domestic violence case
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 :

What is it you would like to know about this today please?

JACUSTOMER-rflo93xg- :

do I have to attend court and is there a way I can not attend

Alex Watts :

Yes you have to attend Court

Alex Watts :

If you have received a summons this is an order from the Court

Alex Watts :

If you do not attend Court you could be arrested by the Police

Alex Watts :

However that is not to say once you attend Court you need to give evidence.

Alex Watts :

Your requirement is only to attend Court.

Alex Watts :

You can refuse to give evidence.

Alex Watts :

Or if you do not attend Court if you go away for the day so you are not found, it would be hard to arrest you

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-rflo93xg- :

how do I go about not giving evidence

Alex Watts :

You just turn up at Court and say you are not going to give evidence.

Alex Watts :

You then don't say anything

Alex Watts :

That is it

JACUSTOMER-rflo93xg- :

the domestic violence was against myself but my partner was mentally ill at the time and he pushed me several times and broke my phone he has now been charged with criminal damage and common assault

Alex Watts :

Yes indeed.

Alex Watts :

But the answer is still the same.

Alex Watts :

You go to Court and refuse to give evidence

Alex Watts :

Or you make sure you can't be found on the day

JACUSTOMER-rflo93xg- :

so do I just say I no longer want to give evidence in this matter that is why I retracted my statement?

Alex Watts :

Its a matter for you.

Alex Watts :

You either go to Court and refuse to give evidence or make sure you are not found on the day

Alex Watts :

Does that clarify?

JACUSTOMER-rflo93xg- :

what would be the likely outcome of the case?

Alex Watts :

I can't say, I have not seen the evidence and it would be unfair of me to do so

JACUSTOMER-rflo93xg- :

is there a way I can stop this progressing any further?

Alex Watts :

But if you don't give evidence he may be found not guilty

Alex Watts :

No

Alex Watts :

You made the complaint to the Police.

Alex Watts :

As soon as you do that, you lose control

Alex Watts :

Its not your case, it belongs to the Police

Alex Watts :

I would suggest in future if you don't want it going to Court, don't call the Police

JACUSTOMER-rflo93xg- :

okay but they have manipulated me on so many levels during this whole situation

Alex Watts :

If you had not called the Police there would be no Court case

Alex Watts :

But I have given you the two options:

Alex Watts :

1) Go to Court and refuse to give evidence

Alex Watts :

2) Do not go to Court but make sure you can't be found on the day

JACUSTOMER-rflo93xg- :

if I get a doctors letter stating I am not fit for court how would that help

Alex Watts :

No

Alex Watts :

The case will just be adjourned

Alex Watts :

The two options for you are and these are the only options:

Alex Watts :

1) Go to Court and refuse to give evidence

Alex Watts :

2) Do not go to Court but make sure you can not be found on the day

JACUSTOMER-rflo93xg- :

the police officer took pictures of my phone smashed up will that be used as evidence

Alex Watts :

It can be

Alex Watts :

But I have not seen all the evidence so can not say what they will or will not use

JACUSTOMER-rflo93xg- :

I was not physically hurt

Alex Watts :

I have given you the 2 options for what to do

Alex Watts :

Can I clarify anything for you about this?

JACUSTOMER-rflo93xg- :

if I do not attend court and can not be found what would be the procedure then?

Alex Watts :

The court can dismiss the case

JACUSTOMER-rflo93xg- :

will there be any repercussions for my

JACUSTOMER-rflo93xg- :

self

Alex Watts :

No

JACUSTOMER-rflo93xg- :

is that definite?

JACUSTOMER-rflo93xg- :

is it?

Alex Watts :

No, nothing is for sure

JACUSTOMER-rflo93xg- :

if I attend who would be there and the police are offering a screen is that to make the case look more serious?

Alex Watts :

The screen makes no difference to the case.

Alex Watts :

Witnesses services will be there

Alex Watts :

The Police may or may not attend

JACUSTOMER-rflo93xg- :

who else?

JACUSTOMER-rflo93xg- :

will he be there?

Alex Watts :

The Defendnant

Alex Watts :

His Solicitor

Alex Watts :

Prosecution Solicitor

Alex Watts :

3 Magistrates

Alex Watts :

Court usher

Alex Watts :

Legal Adviser

Alex Watts :

Members of the public if they wish to attned

JACUSTOMER-rflo93xg- :

what role do members of the public have?

Alex Watts :

Its a public hearing, anyone can watch a case if they wish

JACUSTOMER-rflo93xg- :

so they do not decide anything?

Alex Watts :

No the 3 Magistrates do

JACUSTOMER-rflo93xg- :

will his solicitor ask me questions?

Alex Watts :

Yes of course

JACUSTOMER-rflo93xg- :

and they will be along the lines of?

Alex Watts :

I can't say because I dont know what the Defendant's case is

Alex Watts :

But the Solicitor will put the clients case

Alex Watts :

His job is to UNDERMINE you and attack your CREDIBILITY

JACUSTOMER-rflo93xg- :

I understand

Alex Watts :

Can I clarify anything else for you regarding the summons?

JACUSTOMER-rflo93xg- :

what would be the likely outcomes if I do not attend? meaning for myself...

Alex Watts :

1) Arrested

Alex Watts :

2) Not arrested

JACUSTOMER-rflo93xg- :

arrested for?

Alex Watts :

Not attending Court. You could be arrested and taken to Court - as I have indicated above.

JACUSTOMER-rflo93xg- :

okay

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-rflo93xg- :

no

Alex Watts :

Can I help with anything else today?

JACUSTOMER-rflo93xg- :

no

Alex Watts :

Ok - If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Good luck with the case

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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