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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2536
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I took my partners phone minutes as he was threatening

Customer Question

I took my partners phone for 2 minutes as he was threatening to fall social services as he didn't want to look after our child he threw me on the bed assaulted me. Will I get charged for theft game has the phone back
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
No this is not considered theft. The more important issue is if you reported the assault to the police and if you have sought protection, as well as if you have considered if there is a risk to your child because of this incident.
Please let me know if you have any further questions regarding this.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2536
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I did call the police earlier and they informed me it was theft :-$
I need to go to hospital as my wrist is very swollen.
Children were in the house and knew it happened
Expert:  Harris replied 1 year ago.
Theft would be if you dishonestly took the phone from him and intended never to give it back - it does not sound like this would be such a crime.
The police should be assisting you regarding the domestic incident as the assault is more serious than the alleged "theft". Do you both live together and what arrangements have been put in place regarding accommodation and your safety and the children's safety?
Customer: replied 1 year ago.
We are in the process of splitting up and as such move out February the 12th although I could leave earlier. He has left the house today so I can protect me and my children
So you are advising reporting it to the police and going to a and e? He says if I go to a and e he will report the "theft" to the police
Expert:  Harris replied 1 year ago.
If you need the medical treatment you should definitely go to the hospital. Whose name is ***** ***** in and where will you go when you move out?
You have the option of calling the police to deal with the assault - they will arrest and question him about the incident.
If you need protection you can seek to obtain a non-molestation order (an injunction) and an occupation order which will allow you and the children to remain in the property and for him to leave. This can be done to your local family court under form FL401 together with a statement explaining the incidents and why you need the orders to protect you and the children.
Customer: replied 1 year ago.
We are renting so both on the rental agreement- I'm renting somewhere myself going forward in my babe and my kids with meAnd will this then alert safeguarding children and provoke a safeguarding children investigation and alert the school and such like?
Expert:  Harris replied 1 year ago.
If you reported the matter to the police, yes they will likely inform social services as the children witnessed the incident. The non-molestation order application would not provoke social services involvement.
Customer: replied 1 year ago.
And do you know what the outcome would be from social services in the situation?
Expert:  Harris replied 1 year ago.
They will investigate to see if the children are at risk, however if you are moving out of the home to somewhere else, then this would be a protective factor which will prevent matters escalating with them.
How old are the children and is he their father, and if so what will the arrangements be for him to see the children?
Customer: replied 1 year ago.
And then I assume the school will know too?
There is an 8 year old girl (my daughter only) a 7 year old (his daughter) and a 2 year old both our daughter.
If his ex finds out and reports it to the police...what would happen then?
Expert:  Harris replied 1 year ago.
Thanks - it would not be his ex's place to report it as she neither witnesses or was involved in the incident.
The school will not necessarily know unless the investigation is escalated.
Have you discussed the contact arrangements for him once you move? You would need to think about how this would work so that you are protected.
Customer: replied 1 year ago.
He will have her every other weekend I will either drop at his ir he come to mine I won't let him in the new home
Expert:  Harris replied 1 year ago.
I would suggest you ensure that handover for the child is safe and that you either pursue a non-molestation order now to protect you, or if there are further incidents that the police deal with the issue.
Customer: replied 1 year ago.
Thank you this has been invaluable
Customer: replied 1 year ago.
But he was trying to get the phone off of me...does that change it in any light
Expert:  Harris replied 1 year ago.
It's obvious that there was a domestic incident but I do not agree that it should be considered theft.
Customer: replied 1 year ago.
Thank you
Expert:  Harris replied 1 year ago.
Hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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