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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am involved in a case of alleged domestic violence. I have

Resolved Question:

I am involved in a case of alleged domestic violence. I have been arrested on charges of common assault and damage to property worth less than £5000. There is no previous incidents of violence or alleged violence.
The incident occurred on 25th March and started with an arguement between my wife and myself. In the course of the arguement my wife threw a plastic bottle of water and a pair of shoes at my head and then I took her iPad and started to break it and we were involved in a physical tussle over this and she called the police. The police took me to the police station and took statements from us both.
The police doctor examined me and noted some scratches on my chest sustained in the tussle. My wife stated in her statement that the first physical act was her throwing the objects mentioned above.
I have been released on bail on condition that I do not visit my home and do not have direct nor indirect contact with my wife. I am presently staying with friends.
I am due to appear at Camberwell Magistrates court on 10th April.
Can you advise what is likely to happen?
What can I do to influence the outcome?
Is there anything I can do to get home before the court date of 10th April?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you accept the assault and damaged property please?

Customer: Do you mean do I accept accusatoin of assault and damaged property? I do not accept the accusation of assault. I did break an iPad during a struggle that followed after my wife threw objects at me. She suffered no injury. I suffered grazes to my chest.
Alex Watts : Ok. In that case if you do not admit it then you can plead not guilty.
Alex Watts : the matter will be listed for trial and the court will hear evidence.
Alex Watts : Your wife may or may not refuse to give evidence, if she refuses it is more likely you would not be convicted
Alex Watts : if you are convicted there will be a community order penalty, court costs and a victim surcharge
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you. To clarify - `i understand that the poli e
Customer: Do C
Customer: To clarify - I understand that the police have passed the case to the CPS so I don't know if charges will definitely be brought. Will a decision on this be likely on or before 10th April.
Customer: I would like to add that the police said they will pass it to the CPS to decide wheterr or not to press charges. Can you say if this decision will happen at or before the appearance in magistrates court on 10th March? Is there anything I can do before 10th April to affect the outcome on 10th April at the magistrates court? Is there anything I can do to get home before the court date of 10th April (ie revision of bail conditions) thank you
Alex Watts : The police have 6 months to charge so it may be dealt with then or a later date. I would hope by then
Alex Watts : Sadly there is nothing you can do apart from wait.
Alex Watts : Sadly you could apply to vary bail but in reality if it is a domestic assault it won't be varied to allow you home.
Alex Watts : i am sorry
Alex Watts : You can only get home if there's no further action or the case ends.
Alex Watts : Does that clarify?
Customer: This helps. Not welcome news.
Customer: This helps, not welcome news. what is likely to happen at court on 10th April. What is the process? What is the likely outcome? What can I do on the day or before? Will it help if my wife attemds - although of course I am not permitted to contact her.
Alex Watts :

If you plead guilty it will go off for a pre sentence report and sentenced at a later date

Alex Watts :

If you plead not guilty it gets listed for trial.

Alex Watts :

There is nothing more you can do on the day sadly.

Alex Watts :

Your wife should only attend the trial not the main hearing

Alex Watts :

Does that clarify?

Customer:

Sorry, what is the difference between the trial and the main hearing? This seems relatively minor with no previous incidents and no proven injury and if no inclination by my wife to appear as a witness how often would CPS decide not to prosecute? Thank you

Alex Watts :

Trial is where a Court decides whether you are guilty or not guilty.

Alex Watts :

The main hearing is first apparance to enter a plea

Alex Watts :

The CPS sadly have a policy to continue where it is domestic violence related

Alex Watts :

Does that clarify?

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