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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 partner and I were involved in a domestic dispute this weekend

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My partner and I were involved in a domestic dispute this weekend which has resulted in him being arrested and charged with a court hearing arranged in three weeks time. He was released last night and is now on bail.As I am a witness as well as victim, there is to be no contact between us until the court case has been heard. He is not allowed to contact me or come to my address and I've been informed that I can't see him or call/ text him and any communication should be between a third party. Is there any way I can contact him directly that would be allowable ie by email or letter?
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.
Have you done this before? Either in this relationship or in others?
Customer: replied 2 years ago.
No.
Expert:  Jo C. replied 2 years ago.
Never ?
There have never been any call outs to personal disputes at all?
Customer: replied 2 years ago.
I have contacted the police on a previous occasion but there was no action taken, ie no arrest, just a verbal caution at the time.
Expert:  Jo C. replied 2 years ago.
At the police station ? Does he have a caution?
When was that and what did you allege?
Customer: replied 2 years ago.
Apologies for the slow reply, I was interrupted. The police came to my house in London in July 2013 as my partner was drunk and behaving dangerously. They didn't take him to the police station but just intervened and assessed the situation which resulted in him being told to go to his own house. There was no further action taken.
Expert:  Jo C. replied 2 years ago.
OK,
Is he on bail with conditions not to contact you?
Customer: replied 2 years ago.
Yes, he is on bail and has been told not to come to my address or contact me in any way. I have also been told not to communicate with him other than through a third person as otherwise it might result in him breaching his bail conditions. I would like to know if it is permissible to contact him via email or letter.
Expert:  Jo C. replied 2 years ago.
Well, you are not on bail so you are free to do that. It might well be something that the defence use against you in court and the police probably will take the view that it suggests you are reluctant. But, ultimately, nobody can prevent you.
If he responds then he will be breaching his bail. I am realistic about these conditions as I know they are not really realistic. However, that is the law. The reason they are not realistic is basically that domestics are not really suitable for the criminal courts. The whole issue should be in the family courts and then you would avoid this nonsense application of the law.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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Customer: replied 2 years ago.
Could you please just clarify what you mean by the police considering me 'reluctant' if I contact him? If I contact him it would just be out of concern for his welfare and if I did that, there wouldn't be a problem as long as he doesn't contact me back?
Expert:  Jo C. replied 2 years ago.
Reluctant to support a prosecution. I am afraid that people do waste their time sometimes by making allegations and then withdrawing them.

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