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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Sorry never done this before & I need help my husband is

Customer Question

hi sorry never done this before & I need help my husband is on probation for hitting. We have 3 children which he sees on a weekend but I know what him back because I know he didn't mean it & I still love him how do I go about it.
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?
Customer: replied 2 years ago.

no

Expert:  Jo C. replied 2 years ago.
You have made no other calls to the police arising from domestic rows?
In this or in any other relationship?
Customer: replied 2 years ago.

in the past yes but never went to court

Expert:  Jo C. replied 2 years ago.
Thats not good news I'm afraid.
How often?
How many times have you done this roughly?
Customer: replied 2 years ago.

2/3 times the last time husband hit me was over 4 years ago & everything was great then we had bad news after bad news with husband health & we had a few words then he hit me but I really want him back but I don't wanna get anyone into more trouble or lose my kids

Expert:  Jo C. replied 2 years ago.
No, but I'm afraid the only way to avoid that now is not to call the police.
What did you allege happened this time?
Were the children in the house? Did they witness it ?
Customer: replied 2 years ago.

We had a few words then he hit me on my head yes our 8 year old daughter seen it.

Expert:  Jo C. replied 2 years ago.
They are going to summons you I'm afraid. There is no way around it. You have done this several times before and on this occasion a child witnessed it. There is no prospect of them letting you withdraw.
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 but not here.
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.
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.
Customer: replied 2 years ago.

It's already gone to court & he got 12 months where he can't see or talk to me & has to stay at his mom's house. wot is a summons

Expert:  Jo C. replied 2 years ago.
Yes, he is on bail. They are not going to remove that.
The other alternative is that this is a restraining order which they are probably not going to remove either given your history. You could make an application.
There is only one way to avoid this now and that is not to make reports to the police. The days when you could control the police have gone I'm afraid.
Customer: replied 2 years ago.

so would I have to wait for the 12 months to finish to have my husband back or go to court

Expert:  Jo C. replied 2 years ago.
On this occasion that is right.
In future, of course, it can be avoided. If you do this again he will probably be remanded in custody.
Customer: replied 2 years ago.

Sorry so who do I get in touch with now then

Expert:  Jo C. replied 2 years ago.
He needs to apply to the issuing court for removal of the restraining order. CPS are entitled to notice.
You can give evidence.
It is not all that likely to be removed though I'm afraid.
Customer: replied 2 years ago.

& will I risk losing our children

Expert:  Jo C. replied 2 years ago.
If you keep making reports social services will be informed.
They may have been informed already. If they have been and are interested in the matter then the fact that you are seeking to remove the restraining order will give them concern I'm afraid.
Customer: replied 2 years ago.

They did come out once but they was happy to leave it but I do have a family support worker at moment for my little boy & they know everything that's going on & that they see there dad on weekends & they are happy with that.

Expert:  Jo C. replied 2 years ago.
They are aware then.
That sounds as though upon assessment they don't believe he is a huge danger to the children.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

yep they know everything so where do I stand now

Expert:  Jo C. replied 2 years ago.
In relation to ?
I'm happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 2 years ago.

Who do i get in touch with.

Expert:  Jo C. replied 2 years ago.
He needs to apply to the issuing court for removal of the restraining order. CPS are entitled to notice.
You can give evidence.
Customer: replied 2 years ago.

ok & what about the children

Expert:  Jo C. replied 2 years ago.
I cannot guarantee anything. If you keep making reports to the police social services will probably act against you on the basis that you are exposing them to risk.
It sounds as though they do not intend to do it this time.