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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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i called the police on my husband because of domestic abuse

Resolved Question:

I called the police on my husband because of domestic abuse and i have now been invited to court as a witness. how can i withdraw the case? he has apologised and our families have gotten involved and i feel he has suffered enough. What do i need to do in order to close this case?

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
In Scotland you have no way of closing the case. A prosecution is directed by the procurator fiscal and once the police make their report and the fiscal decides to prosecute the original complainer has no function other than to give evidence.
You can get in touch with the fiscal and explain that the families have intervened an resolved the difficulties between you and your husband. The fiscal will then decide whether to proceed. Where a trial has been assigned and prepard for, it is unlikely that he will drop the proceedings but you can try.
What you can't do is refuse to turn up at court and give evidence otherwise you could be charged with obstruction of justice and/or perjury.
Happy to discuss further.
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