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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My friend has been assaulted and threatened. She has reported

Resolved Question:

My friend has been assaulted and threatened. She has reported it to the police but they seem to want her not to proceed further. She has been told the next step is to go into the police station and make a statement and the other person will be arrested the other party has since heard about the visit to the police station and has made a counter claim. Where do we go from here and does she need solicitor when making her official statement
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Thank you for your question, I am a qualified solicitor.
As your friend is the victim she does not need a solicitor. She will be attending the police station to give a statement about the incidnet and a description of the suspect to further the investigation. The police will not be able to take the matter further unless she gives a statement.
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Please rate positive if you are happy with the response.
Customer: replied 1 year ago.
Not happy with answer police says she needed a solicitor don't think you read the question properly
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicito and will assist you.
Please may I ask - did your friend know the person who assaulted her?
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you Caroline. I thought the previous reply was based on insufficient understanding . Yes she was living in a rented house with her and two others . She went to the police station 4 days later as we thought it may help her get out of the rental contact if she could show that the assault was serious enough
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My colleague was correct in his response but I am trying to discover why the police may have given the advice that they have.
The normal position is that when a crime is committed - the crown via the crown prosecution service decide whether or not to prosecute when a case is presented to them by the police. The crown then becomes the aggrieved and the case is progressed on that basis. Hence the victim not normally requiring a solicitor and the crown prosecutes the case for them.
Your friend will have to provide a statement so that the police can decide if there is sufficient evidence in order to pass the case to the crown prosecution service.
I specialise in family law and many of my past clients have been told to instruct a family solicitor. This is often because whilst their may not be enough evidence to prosecute in a criminal case there may be sufficient evidence in a family court to convince a Judge that a non molestation order is required. This is basically an injunction that protects the applicant. Occupation orders can also be sought to prevent the other party from utilising their legal right to occupy a property - that they would otherwise be able to do under their tenancy agreement.
The standard of proof in a family court is lower than that in a criminal court. To be convicted of an offence in a criminal court - this has to be beyond all reasonable doubt - (circa 70%) whereas an order in a family court in on the balance of probabilities (over 50%).
If a non molestation order was granted in a family court and if this was breached - the the police could arrest and charge for such a breach and the offender could be sent to prison.
Having said all the above - to apply for a non molestation order - they need to have been more than housemates. They need to have been in a relationship at some point or be related. If this does apply then it is a family solicitor that is required and your friend should call a family solicitor tomorrow to discuss a non molestation order.
Civil injunctions can be considered if they are no related or have not previously been in a relationship. You can only get legal aid for a family injunction and not a civil one.
The only other reason I could forsee for the police telling your friend to see a solicitor is if cross allegations have been made and they are looking to charge your friend with an offence.
I hope that this helps you.
Kind Regards
Caroline
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Customer: replied 1 year ago.
I did say in my initial question thAt the attacker has made ca counter claim!
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am sorry - I cant see that in your initial question.
If this is the case then your friend needs to ask the police for more information.
Your friend needs to know what it is that she is they are looking to charge them with. Your friend can then approach a criminal solicitor to advise them further in respect of the charge, the facts and the likely outcome.
I hope that this helps
Kind Regards
Caroline
Customer: replied 1 year ago.
Will she have to pay for a solicitor she is a carer on low wages.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Legal Aid is still available for some criminal matters.
Firstly your friend needs to know the charge. They should then contact a criminal solicitor so that they can undertake an assessment in respect of their income.
Kind Regards
Caroline
Customer: replied 1 year ago.
So let me get this right
My friend goes and makes a statement and the woman who assaulted her is arrested
The arrested Roman then makes a statement and my friend is arrested
At what stage does she need a solicitor
Customer: replied 1 year ago.
Woman not roman
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes I am sorry to say that if cross allegations are made then this could happen.
Your friend will need a solicitor if she is charged. If she asked to give a statement at the police station she will be offered legal assistance then.
Your friend should consider making a complaint to the constabulary if she considers her own case isn't being dealt with properly.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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