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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34038
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a victim of domestic abuse. My ex partner has been

Customer Question

Hi, I am a victim of domestic abuse. My ex partner has been charged by cps and the trial will be scheduled on June, but now cps notified me that my case will be closed becuase of lack of evidence.
My case is regarding sexually assault but there were physical,verbal,emotional and financial abuse to me and my duaghter as well. I have some evidences that he threatened to kill me and my family or he strangled my neck.
I have not received written confirmatiom from cps but I am now thinking to appeal or apply conjunction(he is still on police bail but it will remove after I accept the written confirmation). In this case, how can I appleal or am I able to apply conjunction?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-When is thr criminal trial due to take place?

-Are you married?

-How old is your daughter?

-What are the terms of his bail?

-Is the home owner or rented, and in whose name?

Customer: replied 1 year ago.
Criminal date 06/06/2016We've been married but separated about 3 years and I have sent divorce petition form twice but no answerDaughter is 4 and half years oldBail conditions: do not contact directly or indirectly, cannot travle abroad, should sleep at one place, should attend police station once a weekHe has already transferred all his property and money to his mother and I have one evidence of them(document from land registry)
He has not pay child maintenance at all and told a lie that he does not have income(he is runnig his own besiness with his mum in South Korea) Now I am living in rented home under my name with my duaghter
Expert:  Harris replied 1 year ago.

Thank you. Firstly, if you remain at risk once the criminal trial ends, then you can apply for a non-molestation order to protect you - the terms can be the same as the bail conditions. You can pursue this at your local family court under form FL401 and there is no court fee.

In relation to the finances, as you have a divorce petition issued you can pursue an application for financial relief arising out of the marriage. This will take into account the matrimonial finances and what sort of settlement is appropriate. This can be done under Form A and a £255 court fee. Given that there are criminal proceedings and bail conditions you are exempt from the requirement for mediation.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

Just to clarify - I am afraid that there is no basis on which you can appeal about the decision made by the CPS

Accordingly your only option is an injunction.

With regard to the divorce is you have used the Unreasonable Behaviour ground then you need to arrange for the Petition to be personally served on your ex - then you

can simply go ahead with the divorce.

With regard to the transfer of the property and the money if you can prove that he has done this then the court can make an award on the basis that these assets are still available to him

Customer: replied 1 year ago.
Hi, thanks for your advice but as I reserched on the CPS website, victim has the right to review or appeal the decision also they have not issued written confirmation yet. So I think I still have a chance to change their decision, is that right? Becuase the defendant mistranslated the Korean conversation between me for his favour, and I have more evidence to show his translation is compeletly wrong.
Expert:  Clare replied 1 year ago.

My apologies - I should have been more specific

It is highly unlikely that an appeal to review will be successful and you would be better placed obtaining the Injunction and processing the divorce

The actual process of asking for a review is set out here

But an injunction is the easier option

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