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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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What is the likely outcome if in a domestic violence case, the male threatened to commit a

Customer Question

What is the likely outcome if in a domestic violence case, the male threatened to commit adultery, the female then bit the male on the ear (leaving no marks whatsoever) then after the female stopped and asked the male to leave, he preceeded to kick and punch her leaving multiple bruises and cuts? If it went to court, what would both parties be charged with? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Is the charge ABH?
Customer: replied 1 year ago.
I'm just looking into weather I should press charges at the moment. I know if I do, he will change his statement to bring charges on me too. I'm not sure what I would be charged with as I left no marks, not even a scratch. But I have admitted that I bit him first. Thanks
Customer: replied 1 year ago.
Would we both be looking at ABH?
Expert:  Jo C. replied 1 year ago.
Yes, he will almost certainly.I'm afraid that the female is more likely to be charged than the male since she did commit the first act of violence. Biting is an aggravating feature as it uses teeth as a weapon.I would charge it as an ABH. Quite frankly, it is quite likely he would not be charged on these particular facts. If you bit him then there will be marks. They may not have shown immediately but there will be facts. Ultimately the first assault was from you and that is unlawful.Sorry if that is bad news.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
This was 5 days ago. He suffered no marks at all.
Expert:  Jo C. replied 1 year ago.
There will be marks. Attacks with teeth do not leave no marks at all. There is case law to the effect that biting involves using teeth as a weaon which is an aggravating feature.Also, there is pressure on the police to charge female perpetrators of domestic abuse now as they have been fairly woefully slow to do so in the past.
Customer: replied 1 year ago.
There are nor were there any marks. He has admitted that.
Expert:  Jo C. replied 1 year ago.
Ok.I'm afraid that you would still be charged. There is absolutely no prospect of the assault with a weapon being ignored.
Customer: replied 1 year ago.
I understand that I may face charges. I am not trying to get away with anything. But are you telling me when I have left no marks, am not on him and asking him to leave my property that it is then ok in the eyes of the law to full force kick me and repeatedly punch me in the head and face when he is twice my size and only I would be charged? That seems crazy?
Expert:  Jo C. replied 1 year ago.
The fact that he is stronger than you is a non issue. That doesn't mean he cannot defend himself.Similarly the absence of injury makes no difference. I'm afraid there is a chance he would not be charged. The trouble with assaults is that they have to sort out who is the perpetrator and who is the victim. Otherwise they would get no cooperation from anybody. In this case, the person who used violence first was not him.The other alternative is to charge both of you with affray but that is rare as they have the same evidential problems.