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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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I want to withdraw statement against my kids dad over an

Customer Question

Hi I want to withdraw statement against my kids dad over an assault on me and I have to do this in writing before the court day. what should add in the statement please. we all want him back home, the kids keep asking about him and I don't know what to tell them again. thanaks
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Have you done this before?
Customer: replied 7 months ago.
no
Customer: replied 7 months ago.
my boyfriend and I have been together for 4 years now and we have had a baby recently. the baby is only 8month. i have daughter who is five years old and when i met him my little girl was only one so she has know him as her biological father. we had an argument which turns to assault on me and i called the police. he is been given bail conditions not to come around us or speak to us on the phone. the children and myself has miss him so much and i don't want it to go to court. i have told the police about this not intended to go to go court which they have ask me to write a statement explaining why i want to withdraw the case. please can u advice me on to write since my partner is not a violence person.
Expert:  Jo C. replied 7 months ago.
What did you allege on this occasion?
Customer: replied 7 months ago.
that he sleeps me and when they police come, they saw my face was a scratches
Customer: replied 7 months ago.
he has sleep me on the that day and moreover the police find evidence of the scratches on my face
Expert:  Jo C. replied 7 months ago.
I'm not sure what you mean?
Customer: replied 7 months ago.
I told the police that he has slap me and beaten me on the that day
Customer: replied 7 months ago.
and I also told the police that this has happen twice but because I was very upset on that day, I did not realise what I was saying
Customer: replied 7 months ago.
please have you got it now.
Customer: replied 7 months ago.
how long did it take for a reply?
Expert:  Jo C. replied 7 months ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.Did you have injuries?Was the child in the house?
Customer: replied 7 months ago.
I have a little bit of scratches on my face and yes my 5years and 8months was in house
Expert:  Jo C. replied 7 months ago.
Did you allege they were witnesses to the assault?
Customer: replied 7 months ago.
No, but my 5year old started telling the police how I was slap immediately the police arrive
Expert:  Jo C. replied 7 months ago.
Ok. They are not going to let you retract I'm afraid.There is no way they will allow this to be dropped. This an assault which took place with children in the house even if not actually a witness and with a new born baby.
Customer: replied 7 months ago.
so they mention what my five year old said in their statement
Expert:  Jo C. replied 7 months ago.
The reason they will take a retraction statement from you is that they will use it to get a summons. That said, they know you are reluctant anyway so you may as well make a retraction statement in the hope they allow it.
Expert:  Jo C. replied 7 months ago.
On the positive said, at least you do not have history of doing this but with children in the house they are likely to summons. Whether you answer the summons depends on your stomach for a fight. They may make a report to social services who may have an interest in your capacity to protect the children from incidents like this.
Expert:  Jo C. replied 7 months ago.
They could carry on without you by trying to use the evidence of your injury and read your statement hearsay but that isn't likely to succeed.Can I clarify anything for you? Jo
Customer: replied 7 months ago.
yes the social services has started interview my little one as well
Customer: replied 7 months ago.
yes pls
Expert:  Jo C. replied 7 months ago.
Yes, I thought they would. I suppose if they have done that already though then it is a threat they cannot use against you to get you to give evidence.
Customer: replied 7 months ago.
that's what I thought too
Expert:  Jo C. replied 7 months ago.
Yes, they will put you under pressure though Im afraid.
Customer: replied 7 months ago.
but can I get an idea on what to write to them, I have already told them I want to withdraw the case because I don't want to proceed to court. so the police ask me to write a statement explaining why I don't want the case to go to court and why i want to withdraw the case
Expert:  Jo C. replied 7 months ago.
You can only tell the truth in a statement.
Expert:  Jo C. replied 7 months ago.
There is nothing more that you can tell them that the truth.
Customer: replied 7 months ago.
I'm only going to mention why I need him back and the children wants their daddy
Expert:  Jo C. replied 7 months ago.
if that is the truth then that is what you have to say. They know you are reluctant anyway so have probably got a summons anyway.
Customer: replied 7 months ago.
I was so upset that day which makes me say things which was not even sure
Customer: replied 7 months ago.
yes I know but I want more idea of writing this to them
Expert:  Jo C. replied 7 months ago.
You can only tell the truth in a statement.
Customer: replied 7 months ago.
I know but I only need what to write based on what I have just told you
Expert:  Jo C. replied 7 months ago.
Yes, if that is the truth then that is what you have to say.Nobody can tell you what to say in a S9 statement other than the truth.
Customer: replied 7 months ago.
oh ok but will that really help and bring him back home
Expert:  Jo C. replied 7 months ago.
No. They will summons you almost certainly.

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