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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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Me and my partner got into a argument three weeks ago where he's now on bail, basical

Customer Question

Me and my partner got into a argument three weeks ago where he's now on bail, basically he picked up our 11month old son causing him to cry and out of fustration I shouted don't pick him up like that and he went up stairs baby was still crying and he was getting his changing stuff and Little one was on changing mat on the floor my partner then went down to change little one who was still crying and I snapped and told him to leave it and I was going to do it... my partner (who had baby's legs in his hands) threw his legs and baby turned onto his belly my partner then was leaving the room but headbutted me causing my nose to bust.. When police arrived she took a statement of me saying that he's assaulted my baby too which I find unfair as he didn't but they checked for bruises and started saying my partner had done them which I believe is untrue... They won't let me drop charges, my partner is helping himself by councilling for his depression and anger management...
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.
What would you like to know about this?
Customer: replied 1 year ago.
I'm unsure as to where to go from here? I would like to drop the charges etc on my partner but they won't allow me to and are saying if I do that I'll get the little one took off me, I don't want to get my partner locked up, he's got problems and as I'm aware he's helping himself so I don't know what to do now? What will happen when he goes to court? Will I have to attend as when asked in interview I said I'm unsure weather I'd go or not
Expert:  Jo C. replied 1 year ago.
Have you done this before?
Customer: replied 1 year ago.
Rung the police? On one previous occasion but the police man told me not to peruse it and he would find my partner and have a chat with himGone to court etc no I havent
Expert:  Jo C. replied 1 year ago.
When was that?Is that the only time you have called the police to a personal dispute ever?
Customer: replied 1 year ago.
This was beginning of the year I rung but apart from that I've never rung the police before for any matter.
Expert:  Jo C. replied 1 year ago.
Good. What did you allege on that occasion?
Customer: replied 1 year ago.
He threw me out of way pushing my face to one side
Expert:  Jo C. replied 1 year ago.
You don't have the worst history then but I'm afraid that calling the police to this was always going to be a bit of an incendiary bomb.
The practical reality is that if you fail to answer the summons they will struggle to prosecute him.
But social service will then take an interest in the welfare of this child and that will happen whether or not you support the prosecution. In fact, probably it will be worse if you do not.
The truth is that I can't give you good news. The only way to avoid the choice between these two unattractive outcomes was not to call the police and report this.
That being done, if you do not co-operate with the police then social services probably will remove the child I'm afraid.
I'm very sorry b ut once you summons up the police to these personal disputes it is not possible to control the procedure.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
No that is everything really, thanks for your help you've made it all clear, I did actually say to social services right from the start that I don't think I'm in a position to go to court and they've noted it so I'll have a chat with my social worker. Thanks for the help.
Customer: replied 1 year ago.
And I also got told if I decide to go to court to say I can't remember etc.
Expert:  Jo C. replied 1 year ago.
They will put your original statement to you hearsay.I'm afraid that the days when things like that worked have gone.
Customer: replied 1 year ago.
So basically I've got to go otherwise I'll lose my child and I've got to answer the questions they ask, am I entitled to have a copy of my statement?
Expert:  Jo C. replied 1 year ago.
They will show you your statement before you give evidence.
Yes, if you refuse to give evidence social services probably will take an interest.
I'm really sorry but the only way to avoid this would have been to not make a statement.

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