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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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If a wife has been arrested her husband when he

Customer Question

If a wife has been arrested for hitting her husband when he has been mentally bullying her and mentally abusing her and pushed her to the point where she has snapped and hit him, when she is released from custody should she go back to the marital home where he is with their two children or stay with a friend and have a cooling off period. If she wants to leave him will if affect her getting custody of her children. What should she do to get him out of the marital home if he is refusing to leave?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Isn't she on bail with conditions not to return?
Customer: replied 1 year ago.
She has been arrested this evening and is in police custody at the moment. The police called me to say they have her and may keep her from 6 to 24 hours so I am on stand by to go and collect her. They said she is in a terrible state so I wanted to be able to give her some advice when I collect her. I have no experience of these matters and am unsure of what to advice. He called the police because she hit him but only after him pushing her. He is a controlling emotional bully and she is finally standing up to him but he is also nasty and I am concerned he may try and back her into a corner and take her children.
Customer: replied 1 year ago.
The police officer who called me said they may have her from 6 to 24 hours. They need to question her, Can she be charged with something?
Customer: replied 1 year ago.
Is it possible they may tell her not to return then? He was arrested for hitting her a couple of years ago, he went for her and she called the police, he was released with a caution. I think this is his way of getting her back
Customer: replied 1 year ago.
Hi... are you still there? !!
Expert:  Jo C. replied 1 year ago.
Yes, she will be charged. She doesn't have a defence.
They might well offer a caution. It depends whether she has any relevant previous and in particular whether this happened in front of the children.
There is no defence in saying that he is a thorough rogue. I'm afraid it is still unlawful to assault him.
In terms of forcing him out of the house, I'm afraid on this basis she has absolutely no chance of doing that and, in fact, he has a better chance of excluding her as she does have an incident of assault although it is quite unlikely he would get an occupation order.
In terms of custody of the children, he could try to use this but the days when making allegations of domestic violence caused there to be no contact have gone really.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok that has clarified the situation thank you so much. What would be my best advice to her when she is released, I presume a solicitor will be called for her at the police station. She will be anxious to return to her children I am sure but I would like to be able to offer her level headed sound advice..... to make it worse her mother passed away from cancer 12 weeks ago so he really has picked on her at her weakest time mentally.
Customer: replied 1 year ago.
She has no previous convictions and the children were at home when the argument took place and when she was then arrested.
Expert:  Jo C. replied 1 year ago.
It depends whether she has accepted the offer of a solicitor.
One would have been offered.
If the children were in the house when she assaulted him then that is a specific aggravating feature that could lead to a charge rather than a caution.
Customer: replied 1 year ago.
Does a charge the mean a court case? Could that lead to a custodial sentence? Also, does he have the ability to request charges are dropped or is it too late for that. Thank you for helping me, much appreciated.
Expert:  Jo C. replied 1 year ago.
Yes, a court case.
Yes, it could lead to custody but it won't on a first offence.
Yes, they are under a duty to consider his views when deciding whether to offer a caution.
Customer: replied 1 year ago.
Thank you for your help. She is going to be asking me questions like what should I do now when she is released... what is in her best interest? Or is that a difficult question to answer? If she is allowed should I take her back to the home or encourage her to stay with me?
Expert:  Jo C. replied 1 year ago.
If I were you I really seriously wouldn't get involved in this. These domestic squabbles are very rarely quite as either side says. There is not much unilateral abuse in the UK. Usually there is wrongdoing on both sides and when they are reconciled you do not want to be the person who is blamed. Lovers can be very unreasonable about third parties who have only tried to help. You just protect yourself and leave them to it.
If I were her, the damage is really done when you leave a police station. If they are likely to be reconciled then it should have been a no comment interview as he won't give evidence.
If not, then probably accepting the caution would be the right thing to do if it is available.
In terms of going back home, if she is on bail with conditions not to be there then she cannot go back there. Even if she isn't returning to the address is a bit of an opportunity for it all to kick off again so she might want to consider whether it is a good idea. On the other hand, I suppose she has to at some point.
Customer: replied 1 year ago.
Thank you Jo. I very much appreciate all your help and advice.
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

Please do remember not to place yourself at risk. Don't get involved in this and start feeling sorry for people because they are presenting as victims.

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