I'm a criminal barrister practising in London.
I had a very similar case to this a few weeks ago. Do you know, does your ex-partner have any previous convictions for violence? If so, have there been any reported incidents involving you in the past?
The maximum sentence for common assault is 6 months custody. This incident sounds fairly nasty; the headbutt, location and presence of a child are all aggravating features. I would say a sentence of somewhere between 2 - 4 months custody would probably be imposed.
However, if he pleads guilty at first appearance he will get a third off the sentence.
And, unless he has previous convictions for violence / harassment etc the sentence is likely to be suspended e.g. 2 months custody suspended for 24 months. Under which he won't actually go to prison unless he commits are further offence within the period of suspension.
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The prosecutor will almost certainly apply for a restraining order even if he isn't convicted. This will prevent him from communicating with you or being within a certain distance from you.
He will get a custodial sentence if convicted. The question is whether it will be suspended or not. The court can attach community service orders, such as unpaid work. He won't get a fine if he gets a custodial sentence but he should be ordered to pay some compensation to you.
His previous record of violence will be taken into account and if he has previous convictions for violence the custodial sentence will not be suspended.
Yes, almost certainly a custodial sentence given the features of the offence (if he has previous for violence). And if convicted, a restraining order is a certainty.
I'm not an expert in family law so I cannot assist with that question.
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For sentencing purposes, if those are the facts he was convicted on, the court will look at them. His mother cannot help him.
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