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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Domestic violence

Resolved Question:

domestic violence

3 months ago my ex partner was charged with 4 cases of section 39 assault. at the time, i did not want to press charges but i was talked into it and ended up going through with it. i was told that they will deal with it and let me know the outcomes. for 3 months I did not hear anything so i assumed the case was dropped and that was it. which i was happy about as I realised it was not something i initially wanted to be involved with. however, just to be sure 2 weeks ago - i called the domestic violence unit and they told me that i had a court hearing. I was not informed of this and only found out when i called in myself. This is something I do not want tobe a part of. I made it clear that i do not want to attend court and stand there and go through all of it again. I want the charges to be dropped as I had not seen my partner since it happened and i was happy with how things were going in my life. However, I was told that despite me writing a retracting statement, I might be summoned to court and if i don't attend i can be arrested. I want to know what I can do about this, and I do not want to go to court at all and I'm not sure what the legal system is. Please advise.

Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this question for you.
Your ex probably has bail codnitions preventing him from coming near you, do y think that has had any impact on yo not seeing him since his arrest?
The case is being brought by the CPS, you are bot pressing charges. This is a state prosecution ans your role is as a witness and victim. You do not control the case the CPS do.
I would suggest that you write to the court explaining that yo do not want to go to court and give evidence and are unwilling to do so. YOU might send a copy to his solicitors if you know who they are.
This might lead to the case being dropped. If not then the case will go ahead and you will be expected to attend. It is only if a summons has been issued and you fail to attend court after being served with the summons that yo can be in trouble.
The CPS are over worked and often do not get round to serving a summons. In this case the likely outcome is this. Case is listed you are not there. CPS ask for adjournment. Defence lawyers oppose application and point out that the non effective hearing is the CPS's fault. The court refuses adjournment. Your ex is found not guilty for lack of evidence. Case is over.
If this happens you will lose the protection of bail conditions and also probably not get an order from the court prohibiting him from harassing you.
In short if you don't want to co-operate don't and see if the CPS get a summons forcing you to court. If they do you will have to go but in my experience courts do not want to force reluctant victims into court.
Customer: replied 1 year ago.

Hi,

Thank you for your response. I have a couple of questions regarding writing a letter to the court. How do I go about directly writing to the court, can i ask the PC who is dealing with me for the details of court or could this not work in my favour. and I do not have his solicitors details either, and once again how do I find this out too?

Expert:  LondonlawyerJ replied 1 year ago.
You can get the court address from simply googling it. You can phone the court and ask who the solicitors are, they can check very easily and there is no reason for them not to tell you.
Customer: replied 1 year ago.
Do you think perhaps it's not better to just leave it until the CPS contacts me directly via a letter or phone calls. So in the meantime I have a letter ready for when that happens. As, if I contact them now wouldn't that prompt them further to give me a summons to court as they will have plenty of time?
Expert:  LondonlawyerJ replied 1 year ago.
It might do. It is perfectly reasonable fro yo to let sleeping dogs lie. The CPS will have less chance of an adjournment if you notify them in advance, and they still (as is likely) do nothing.
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