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Hello my name is ***** ***** I will help you with this.
Do you know if your wife has reported you to the Police for anything?
Did you kick her?
Did she suffer injury>?
i don't know whether it's about her
i didn't kick her, i used my foot to remover her off me as she was digging her nails into me
Ok. They havent given you any indication whatsoever? Not even what the alleged offence is?
and she says she had a bleeding cyst in her ovaries, but she had an enlargment before all this happened
no indication at all, just to turn up at 10am, so they can deal with me quickly
OK - I would turn up and see what happens.
If they interview you, you have a right to have a Solicitor present.
It may be just an informal chat.
Even if they want to offer you a caution you have a right to consult a Solicitor
they said they will be arresting me
Ok - that is not unusual
But in any event you have a right to legal representation if there is an interview or caution
so if i am being done for (what battery?), what is the likely outcome
But you dont need to say or agree to anything until you know what the allegation is and you have sought legal advice.
what is the worse case scenario?
given my squeaky clean record, am i likely to go to court and get put away, fined, community services etc?
You could be arrested, charged and taken to Court.
Well its hard to say without knowing what the charge is.
If it is a domestic assault with no serious injury and you plead guilty, then Community Order
would it help or hinder if i said she attacked me first? and i kicked in self defence?
It would help you if she attacked you.
Self defence is what a reasonable person would do
So someone coming at you and self defence is not an exact science.
she did, although i have no evidence of it, this happened over two weeks ago
Yes indeed. But they would have to prove, if it went to Court that it went beyond self defence
so a bleeding internal cyst (as far as i know), she went for a scan of her abdomen and whatever else, would this be enough evidence to say, well yes, he caused this, lock him up?
Possibly. But you still have your defence of self defence.
If it was that important they would have come round and arrested you.
and to be fair, i was visiting my son (we are divorcing), and she comes back and kicks me out, i had my son in my arms, and she comes and starts prodding me and scratching, so i ask her to get off, i had no way of defending myself whilst my son was in my arms other than the foot
Can I clarify anything for you about this today please?
one more question
if i arrange a solicitor to meet me there (rather than ask for a duty solictor), will i be charged for that service?
Yes you may be.
You need to check with your own Solicitor beforehand.
would u say i am safe enough to request the duty one?
in this instance
I would, just initially.
before i leave
given what i have told you, what is likely to happen, and what could be the worst case scenario?
Its hard to say what will happen, I am guessing about the allegation.
Worst case, they charge you and you are bailed to attend Court
and in court? what could i get?
Community Order as discussed above
Which as you say is Community Service
Does that help?
i hope it may be a caution from the police
given that i was defending myself
i have plenty of evidence of my ex's anger in emails and texts
and commands and threats etc
Yes it sounds like you have a defence
is it up to the police to decide whether to charge or not?
Well they hand the file generally to the CPS
but can the police decide not to give it to the cps
does the fact that this all happened weeks ago help me
The fact it is weeks does not help either way. The Police can charge without referring it to the CPS yes
this is basically my wife trying to cause me trouble, how can i put that across diplomaitcally for my defence
Well that is what your Solicitor is for
You have a defence by the sounds of it
Can I clarify anything else for you?
let me think
i'm thinking back to her knowing she had a slight/lump swelling in her abdomen before all this happened, would me clarifying this help me, because if she had initial underlying issues anyway, it just so happens that whatever i am supposed to have done has caused the cyst to bleed (seems unlikely given how the kick was, more of a push with the foot than a kick).
she seems to be using that as an issue to get me arrested to cause me distress for the failed marriage
would i be ok mentioning this? or would it seem desperate for a defence
Yes you can mention that, but that in itself is not not the defence.
Your defence is of course self defence
sorry, i feel the answers were too open ended, i believe my case was quite classical, i think £38 was steep for an online service, and there was no cheaper option, you would deserve between £15 and £20, if there is any way i can guarantee you get all my money i would give it to you. thanks for your advice anyway.
We spent an hour talking? Without seeing all the evidence I can't give you a firm answer.
You dont even know what the allegation is
So how can I give you advice if you do not know what you are facing or what evidence they have?
I would like to help you resolve it