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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was convicted of domestic violence on two separate

Customer Question

I was convicted of domestic violence on two separate occasions. On both occasions I was innocent. The first time I was accused of hitting my ex partner with a toy cricket bat. I just passed the bat to her and walked out of the house. Later as I returned home the police arrived to question me. My ex partner pursued a charge of battery. I was completely innocent. But under the pressure of having to give evidence in court whilst I was suffering severe depression I chose to plead guilty just to get away. I still don't really know why I pleaded guilty when I knew I was innocent. I was not well at the time.
The second time was more serious.There was a dispute over ownership of what had been the family property. I entered the property when I was no longer resident there by forcing the door. My ex would not allow me parental rights to my son and in a temper I forced the door to confront her about my rights. Her and her boyfriend testified I had been violent towards them which was untrue. I had no witnesses and they both backed each other up. I was sent to prison convicted of aggravated burglary (I had bought the house they were both living in) and two charges of GBH and ABH. Both fabricated again. I served my sentence and was released 7 years ago. Now I want to try to get some help. Because still I am unable to see my son for over 10 years...any advice?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What would you like to know about your position?

Customer: replied 1 year ago.
Oh thank you for offering. I would like to know if I can firstly over turn my first conviction for GBH? I was thinking perhaps I could appeal using new evidence that I was suffering serious depression at the time?
Expert:  Clare replied 1 year ago.

Sadly no that is not possible

The fact that you pleaded Guilty means that this is not a case that cam be appealed or reopened based on depression

Customer: replied 1 year ago.
I can prove that I was having mental health problems at the time? I have contact with my gp at the time. But if not. Thank you for the advice.
Expert:  Clare replied 1 year ago.

Sadly that is simply not enough - I wish t were.

Having said that even if they were true the events that you describe are not sufficient to bar you from some form of contact with your son

Customer: replied 1 year ago.
There was a 2nd event which led me to be sent to prison. During which time my ex took my son to live in NZ. I haven't seen him since. Now he is 18 I am trying to make contact. I have a phobia for authority. I think because of my bad experiences with my father.
Expert:  Clare replied 1 year ago.

You did describe them both - and I still feel the same way about the fact that your son is entitled to know you - I hope that your efforts succeed

Customer: replied 1 year ago.
Thank you. I will never give up trying to make contact.Kind wishes
Expert:  Clare replied 1 year ago.

I hope all goes well