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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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I've been summond to court on Monday morning it's to do with

Customer Question

I've been summond to court on Monday morning it's to do with a court case against my partner who I reported for domestic violcence he was charged 5 times for assault and 1 threat to kill. After a month we got back in contact (the court proceedings have taken months) and he has promised to get help ect and I didn't think I'd have to go to court, now they have summond me to go hive evidence. Is there any way that I can get away with not giving evidence against him I don't want him to be prosecuted but I don't want to lie.. can I show up and then say that I won't be saying anything to help with the court case ??
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello why would you be lying?
Customer: replied 1 year ago.
No I mean by changing my statement I can't change it
Customer: replied 1 year ago.
I don't know how to get around it. I don't want him to be prosecuted for it if I can help that happen? Do I have to speak in court ? I'll turn up because I've been summond... would me telling them that we have been in touch help?
Expert:  Jo C. replied 1 year ago.
Have you done this before?
Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year ago.
Not even in other relationships?
you have never previously called the police to a personal dispute?
Customer: replied 1 year ago.
No this is the first time I've called then a d he was arrested and charged then bailed. Now I have to go to court to give evidence... but I don't want to Ill turn up because other wise I know I can be arrested for not attending a summons. But do I have to say anything or can I tell them that we are in touch and Dont want him punished ?
Customer: replied 1 year ago.
Never had any dealings with the police before.
Expert:  Jo C. replied 1 year ago.
There is a debate over whether or not refusing to go into the witness box is a breach of the summons. That is really unsettled.
However, it is a contempt to refuse to give evidence. Also there are offences thare are committed.
The reality is that they will not prosecute them unless you have been a real problem for the police but this is a facotr to consider.
On no account tell them you have been in touch. They will charge him with breach of bail.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So I can refuse to go into the witness box??So they won't prosecute who ?? Me ?? Or him?? Sorry I'm confused. What do you advise that I can do on Monday when it comes to me being at court. Do I have to go into the witness box? Can I refuse to say anything ??Thank you
Expert:  Jo C. replied 1 year ago.
There is a debate over whether or not refusing to go into the witness box is a breach of the summons. That is really unsettled.
However, it is a contempt to refuse to give evidence. Also there are offences thare are committed.
So if they are intent they could prosecute you.
Customer: replied 1 year ago.
Right ok. So there's no way out of it really is there ???
Expert:  Jo C. replied 1 year ago.
Not risk free. Truth is that they probably won't take any action but they could. These actions are usually reserved for women who have been a real drain upon resources. If this is the first time you have ever done this and you don't summons up the police again to personal disputes then probably they would not act.