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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70529
Experience:  Over 5 years in practice
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Madam Please can you advise. My wife and I have

Customer Question

Dear sir/madam
Please can you advise. My wife and I have a first major augment in our31 years together.
It's been going on for about ten weeks. Over the ten weeks there has been no punchin kicking slapping by either of us. The last couple there has been some pushing and shoving. It came to a head in the 8th of this month. I would like to point out that I did have a melt down, and not been my self. I have actually frighten my wife and my sons age 24 &28. The evening of the 8th my wife had had enough of my behaviour towards then. Understandable. She went to leave the house and I grab here arm she shouted to which my son came to her aid. I pushed him away neck high. They said I grab him by the throughly. He's my baby and I've never hurt my boys. To get to the point they called the police only because they were scared. I got taken away and in the cell for 24 hrs. Statements were taken, my wife and son have both stressed that they don't want to press charges and have asked for their statements to retracted. The police refused. I was released on bail and I am to appear in court on the 29. They have told me it's the lowest form of assault charge. They told my wife that there are bail conditions and they verbally told her. She wanted me home but I can't. I've checked my charge sheets one has nothing on it at all, the other day in bold bail without conditions. I've phone the police station to check this and they said you can live as is. My wife is insure as they have said if he breaks his bail he will be arrested. How would this stand in court? Also my wife and son are trying to stop it going to court they don't want it. Would be very grateful for advice.
Yours sincerely ***** ***** Gardner
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.
What would you like to know about this please?
Customer: replied 2 years ago.
Firstly the bail conditions. The police have said I'm not to go near my home have no contact with my wife for three weeks yet the bail conditions on the charge sheet says without conditions. Plus they don't want this to go to court. It seems the police have made an error with the paper work
Customer: replied 2 years ago.
What can they do to stop this going to court.
Expert:  Jo C. replied 2 years ago.
Well, they may have done but it is not a sensible challenge.
If there is confusion then it will be held against you at least at this stage. Given the nature of the allegation it is quite unlikely that there are no bail conditions and even if there are none there are still other offences that apply. If you go over there and try to discuss the matter with her then that is witness intimidation which leads to prison even on first offences for longer than most acts of violence.
Even if they stick with the issue of bail, if you are arrested on breach of bail conditions you could still be charged and remanded and it does have a disastrous impact upon bail applications.
Was there anything else you wanted to know?
Customer: replied 2 years ago.
Yes please if they don't want to press charges and don't want it to go to court can this be done. Plus as I said I don't have any bail condition in writing at all.
Customer: replied 2 years ago.
It wouldn't be witness intimidation as my wife wants me home.
Customer: replied 2 years ago.
As mentioned they wanted to retract their statements.
Expert:  Jo C. replied 2 years ago.
No. Those days have long gone I'm afraid. Some women did abuse the right to call the police and used to summons them up to every family argument and then withdraw when they were bored with it essentially as a show of power and so the police have had enough. Unfortunately though, it hasn't really stopped the time wasters.
When a person makes a report to the police the case no longer belongs to them.
What such a person can do is say that they no longer want to support a prosecution. Whether the police drop it or not is a matter for them but they do currently have a policy of summonsing.
Ultimately whether a person answers a summons is up to them. It is a contempt of court to fail to answer a summons but it is almost never prosecuted. What they could do is seek a witness warrant for her arrest but that is pretty rare and is not going to happen if she has no history of doing this.
On your second point, it would be witness intimidation. You are on a charge. The fact that she has changed her mind and now wants to put a stop to the public money she is wasting is a non issue.
Customer: replied 2 years ago.
Jo c thank you for you assistance this evening. Craig
Expert:  Jo C. replied 2 years ago.
No problem.
Never feel guilty about this. It is not your fault. If what you say is right, she has made an untrue allegation and she has to sort it out.
Don't put up with this. It is just as abusive to call the police every time you can't have what you want as it is to be violent.
Customer: replied 2 years ago.
Sorry Jo I forgot to mention. We went to two police stations today to ask about the bail conditions. They both said the same if it say without condition you can live as is. It's all confusing.
Expert:  Jo C. replied 2 years ago.
Well, but it is that not simple.
There does seem to be an error and probably they haven't properly notified you which mean that you may not be on proper conditions.
The point is though that if there is confusion on the point, and she has another tantrum and calls the police, you will still be arrested and held over night and put before the court in the morning. The Magistrates may well decide that it isn't your fault and release you but probably you have better things to do with your nights than spend them in a police cell.
I realise that your wife is probably encouraging breaches now but you are still on bail. It is all very well that you might not be coming to police attention at the moment but you are running the risk that you will not.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes I understand but it's not her fault it is all mine as mentioned she is not at fault at all. But wants me home that's all.
Customer: replied 2 years ago.
Good night thank you
Expert:  Jo C. replied 2 years ago.
I understand you want to take responsibility and obviously you are to blame for your behaviour. That behaviour might well have been entirely unacceptable. We don't all call the police to unacceptable domestic behaviour.