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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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I have become aware that my partner's domestic violence bail

Customer Question

I have become aware that my partner's domestic violence bail is only to prevent obstruction of justice...and not to protect me.
I want to have the bail conditions removed so we may be in contact.
I have already withdrawn my support and police already have video proof as evidence.
I have asked for the bail to be changed but I am sure that nothing has been done.
I also am wondering what constitutes as police misconduct?
I am told different things and promises have been broken also I am uncomfortable with constant suggestion that we will have to leave the UK and about our home and family money.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Have you done this before?
Customer: replied 1 year ago.
Pardon?
Customer: replied 1 year ago.
Have I done what?
Expert:  Jo C. replied 1 year ago.
Called the police to a domestic ?
Customer: replied 1 year ago.
what does that have to do with anything? No
Expert:  Jo C. replied 1 year ago.
It changes everything.What did you allege on this occasion?
Customer: replied 1 year ago.
My questions are not about what I have allege. let me rephrase
My partner has been charged, due primary to video evidence which I supplied.
My question is what is police misconduct? Is is legal for them to threaten our involuntary removal from the UK for common 1st time assault? Say things like he will have to sell his house get fired ect?
Can they refuse evidence and statements being made? Can they ignore/ delay bail condition appeals?His bail condition is non contact and the only box ticked is to prevent obstruction of justice
Expert:  Jo C. replied 1 year ago.
Would it be possible to give me the information I asked for?
Customer: replied 1 year ago.
I did. domestic abuse.
Expert:  Jo C. replied 1 year ago.
Yes, but what was your allegation?What did you say happened?
Customer: replied 1 year ago.
I didn't say much the video shows the punching assault.
Will you please answer my questions about bail and police misconduct.
Expert:  Jo C. replied 1 year ago.
Ok. That is the issue.There isn't a claim for police misconduct here. In fact, they are following policy correctly.The reason the bail conditions don't cover you per se is that they never do. It is not a ground to refuse bail to protect specific individuals. It is a ground to refuse bail or place conditions to prevent interference with witnesses.I would imagine though they are saying that it matters not whether you give evidence because they have video footage.They are not going to let you withdraw this. The days when the police could be called and controlled have gone. They will summons you. Had you posted earlier I would have told you not to tell them that you didn't want to support this as all that has done is tip them off that they need a summons.
Expert:  Jo C. replied 1 year ago.
I'm afraid the only way to avoid this is not to call the police to domestics now. If you supplied video evidence they will rely on that.If there are immigration issues then probably there will be an application for removal upon conviction.I'm very sorry but the pieces cannot be picked up now. If video evidence exists it is game over realistically.Can I clarify anything for you?Jo