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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70713
Experience:  Over 5 years in practice
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,my ex partner is going to court tomorrow(

Resolved Question:

hi ,my ex partner is going to court tomorrow(for assaulting me ) ,i decided to forgive him ,as he moved out and i don't want to run his own future.how i can help him now?can i write letter to judge?where to get sample?many thanks
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.
There are no samples I'm afraid.
I wouldn't write a character reference. It is a double edged sword.
Has he pleaded guilty?
If not, have you done this before?
Customer: replied 2 years ago.

court is tomorrow for the first time ,i been told if he says no guilty ,then i will have to go to court next time.i want to avoid that. i can forgive him as he moved out and there was nothing serious ,tried to ask police -they told me that person who took my statement is off till saturday and i can't add anything now

Expert:  Jo C. replied 2 years ago.
No, and they will just summons you anyway.
Have you done this before?
Customer: replied 2 years ago.

i just gave statement to police ,nothing else

Expert:  Jo C. replied 2 years ago.
Ok.
Have you called the police before to a personal dispute?
Customer: replied 2 years ago.

yes ,i called this morning and asked them same like now ,and been told wait till tomorrow.is it possible anything to change now to help my ex o court tomorrow?

Expert:  Jo C. replied 2 years ago.
Thanks.
Would it be possible to tell me whether you have summonsed the police to a domestic squabble before this incident?
Customer: replied 2 years ago.

i called police 999 when it happened ,they arrested him and released next day with bail restriction to contact me or to come to my home

Expert:  Jo C. replied 2 years ago.
Yes, I realise that.
Have you done that on any other occasion either in this relationship or in others?
Customer: replied 2 years ago.

no ,newer

Expert:  Jo C. replied 2 years ago.
what did you allege happened on this occasion?
Customer: replied 2 years ago.

he punched me few times and took (stealed)my phone,disappeared before police arrived ,was arrested next day for assault and theft of mobile

Expert:  Jo C. replied 2 years ago.
OK.
Has he admitted the offence?
Customer: replied 2 years ago.

i think that no ,but there was my friend who so everything and gave statement to police same day

Expert:  Jo C. replied 2 years ago.
Will she give evidence if you don't want to?
Customer: replied 2 years ago.

she already made a statement ,because police asked when they came to house

Expert:  Jo C. replied 2 years ago.
Ok.
So, will she give evidence if you don't want to?
Customer: replied 2 years ago.

no

Expert:  Jo C. replied 2 years ago.
There is absolutely no point in a character reference. They will just say he is controlling you.
The short answer is that you cannot just not press charges but there are things that you can do about this.
If you have made a statement then the case is no longer yours. A statement is just evidence like any other. It does not have to be in written form. Even a oral declaration to a police officer is evidence. Once evidence is obtained by the Crown you cannot withdraw it from them.
What you can do is tell the prosecution that you don't want to support any further prosecution. This is where the complication lies.
I realise that the background to this has nothing to do with you and is not of your creation but it might help you to understand the position.
Traditionally when complainants said that they were reluctant the prosecution was dropped. That has encouraged abuse from some sections of society.
Sadly, genuine victims of domestic abuse are not the only people who do call the police to domestic incidents. Some people, and it's not only women, seem to use the police as a mediation service and call them to almost every argument in the house. Also, some people make reports to the police knowing that they never intended to give evidence but just to get their partner out of the house for the evening.
This has led to understandable frustration amongst police officers. To deal with that they have turned to a policy of summonsing a reluctant witness.
They do not summons in every case. It's fair to say that sometimes people are allowed to withdraw. On the face of it, there would appear to be a justification for withdrawing here. The injuries were not grave and the police have not been called before. There was no other significant aggravation.
However, there are some CPS reviewers who are militant, or just fail to consider the case properly, and will summons in circumstances where they should not.
If they do summons then you will have to think about what you want to do. Failing to answer a summons is a contempt of court in principle although it would not be prosecuted. I've only ever seen one prosecution for contempt arising from failing to answer a summons and that involved a person who has been a real drain on police resources.
What they might do is issue a witness warrant for your arrest to put you before the court to give evidence. There is about a 1% chance of that happening. That is preserved for people who are very well known to the constabulary.
In any event, there is a bit of a debate over whether or not attending court and refusing to give evidence amounts to a contempt. I prosecute fairly regularly and if a witness just refuses to go into the witness box I have no means of forcing them to do so.
Hope this helps. Please let me know if you need more information.
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