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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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my husband is on bail and living at our home as this is his

Customer Question

my husband is on bail and living at our home as this is his bail address, if i live with him as its my choice and he is not then breaking bail conditions will he still get into trouble
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.
Does the substantive case arise from a domestic squabble by any chance?
Customer: replied 2 years ago.

yes but we have never been in trouble with police before..its very complicated and all got out of hand

Expert:  Jo C. replied 2 years ago.
Yes, unfortunately it does when you call the police these days.
Is this literally the first time you have ever done this? Either in this relationship or in others?
Customer: replied 2 years ago.

Yes, but when i made my original statement we were apart and told them that this had happened before....i have since retracted my statement but the cps are continuing with the case...my husband and myself are back together and its pulling us apart all the upset. we have 3 young kids, and are ordinary middle class people, i told them in both statements that my husband is not a wife beater but we now and again fall out. hes in court just before xmas, i have said i wont attend court, but i believe i have to if im summoned. our local police have said its ok if i move in with him as hes not breaking bail but we have been told so many different stories....its all making me so ill.

Expert:  Jo C. replied 2 years ago.
That isn't good news Im afraid.
You don't commit any offence as you are not on bail.
However, if he is on bail with conditions not to contact you then living with you would be a breach of his bail even though it arises because you have returned rather than he has approached you.
The trouble with this is that there are no magic wands. Once you call the police to a domestic squabble it gets completely out of control until the matter is resolved in court. They will be prosecuting him because you said it had happened before and you cannot hide from that. If you are not co-operating then they will have to throw their hand in at some point but that will not be until the day of the trial.
I am sorry but the only way to avoid this is not to call the police Im afraid.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

we did not call police, a neighbour went to police and the police lady said she would not take it any further, she was then on leave for 2 days and when she came back another police lady had taken it further, she could not believe it and has since apologised to me. They have said tht we can live together as long as its local poloice called??? if from away then we could get into trouble, the police keep giving us conflicting information

Expert:  Jo C. replied 2 years ago.
The way to avoid that in future is just refuse to make a statement. Nobody can force you to. Then they could not prosecute.
If he is on bail with conditions of non contact then you cannot live together.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
If the police are saying that they are happy for you to live together then invite them to remove his bail conditions so that you can lawfully

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