How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

I am reported my husband on Tuesday. I didn't

Resolved Question:

Hi,
I am reported my husband for dv on Tuesday. I didn't see a police officer until Thursday evening. As I be never had dealings with this in the past or with the police, I didn't realise that he would be arrested. I didn't want him arrested if I'm honest, I just wanted the injuries documented so they I could divorce on the grounds of unlawful behaviour. Anyway he was arrested on Friday and was released on bail with conditions. I want all further police action to stop from police. Can I make this happen and if so, how?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
If you do not wish to proceed with the matter you should contact the officer dealing with it and inofrm them that you do not wish for it to escalate. However, as it is a domestic violence offence the police would be cautious about you not proceeding with it and would want to ensure that you are not doing this due to being coerced by your husband.
In any event, if you were to puruse the divorce on the grounds of domestic abuse (this would be under unreasonable behaviour on the divorce petition) there does not need to be any formal police record but you will need to outline when and what incidents have happened during the marriage and that the marriage has irretrievably broken down due to his behaviour.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
So ive just called the police and they said that I need to make a statement in regards ***** ***** no further action take against him. Then they said that he will still be on ba until 10th feb? Is that correct?
Expert:  Harris replied 1 year ago.
They are asking for a withdrawal statement to see the reasons why you are retracting the allegations and not proceeding with the issue. This is usual with the police and they would want to ensure that you are doing this voluntarily. He will be on bail whilst they carry out investigations - if you do not give evidence against him or proceed with the allegations it is highly likely that they will take no further action when he returns on 10 February
Customer: replied 1 year ago.
So if I go ahead and give a statement retracting my allegations they will surely stop investigating as there is no point?!? I have no idea, this is so alien to me. If they stop investigating will they not stop the bail sooner?Thanks
Expert:  Harris replied 1 year ago.
Yes, it is most likely they will not pursue the matter as they would need you to give evidence in the matter - lifting bail is up to the police and they usually have it kept at when they initially set it.
Customer: replied 1 year ago.
Ok.
Will he be informed before 10th feb that I have withdrawn my allegations it not?!Thank you
Expert:  Harris replied 1 year ago.
The police will just inform him that they will not be taking any further action
Customer: replied 1 year ago.
But is that before his due to attend the station on 10th feb or will they still make him attend the station and then inform him that they are not taking further action?
Expert:  Harris replied 1 year ago.
It depends on the police officer - they may contact him prior to the return date and inform him, or they will wait for him to attend on 10 February and inform him at the police station
Harris and other Law Specialists are ready to help you