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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I was assaulted early in the year by my brother he is a

Resolved Question:

Hi I was assaulted early in the year by my brother he is a aholic anyway I dropped the charges to keep the peace within the family and now I've been summon to court by the magistrate do I have to attend as I've heard the courts won't pursue me if I don't turn up is this true can you give as much info as possible 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.
have you done this before please?
Customer: replied 2 years ago.

Hi jo its not me who is trouble with the police my brother assaulted me while he was intoxicated at the time i pressed charges which i later dropped then the magistrates issued me a summons to witness as written on the letter to attend court now my brother was told by his solicitor which i heard on the grapevine if i don't attend nothing will happen to me if i don't turn up despite me being summon to court and the case will be thrown out however i believe his solicitor is not working for my interests so i wanted to get the proper info from someone who knows about this stuff and not relying on hearsay

Expert:  Jo C. replied 2 years ago.
Yes, I understand.
What I need to know is do you have a history of calling the police to personal disputes? Obviously we all have family rows but some people get the police involved in them and some don't. It is really important. It would affect what action they will take against you.
Customer: replied 2 years ago.

have called police 3-4 times cant be exact but only on this occasion did i pressed charges

Expert:  Jo C. replied 2 years ago.
Ok. That is going to make a difference.
Do they all involve your brother or have you done this to other family members? Or partners?
Customer: replied 2 years ago.

just my brother

Expert:  Jo C. replied 2 years ago.
Thanks.
Were they recent?
Customer: replied 2 years ago.

No the other times were quite a while back and the more recent call to police was back in February I think

Expert:  Jo C. replied 2 years ago.
Ok.
It has never been quite right to say that there is nothing that can be done to people who do this. It is more accurate to say that generally they would not.
However, you cannot hide from the fact that you do have a history and that will be a factor that weighs against you. In fairness, your history is nothing remotely like some of the worst cases. There are women sadly who use the police as a mediation service and have made literally thousands of calls to the police and can be relied upon every bank holiday or high day to be kind enough to keep the police informed of the progress of their arguments.
If you did not attend then probably no action would be taken. It is possible that they could but not particularly likely.
The could seek one adjournment and a witness summons for you. Unless they have a summons you commit no offence in failing to attend.
Given your history they probably have already got a summons for you even if they haven't served it. The question is what they would do with it. The chances that they would actually issue a warrant for your arrest are low. They will have far worse offenders than you on their horizons. It is possible but not likely.
What could happen though is that they could seek a restraining order to stop him having contact with you.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Just 1 more thing to clarified with answer I already have a summons issue against me to attend court if I don't go will they be likely they will issue a warrant for my arrest for not turning up. My brother solicitor said's if I don't turn up the case will go for adjournment and collapsed and won't get arrested and how accurate is that information from your perspective

Expert:  Jo C. replied 2 years ago.
Yes, they could do that.
They don't do it often even with women who have been a real drain on their resources and anyway the question is not whether they will issue one but whether they will enforce it.
Given that you don't have that much history it is quite unlikely that they would.
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