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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience:  Experience of consumer law, financial regulation and criminal law.
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My ex partner entered a restaurant I was sitting in a booth

Resolved Question:

Hi my ex partner entered a restaurant I was sitting in a booth with my two year old son next to me he walked over called me all sorts then head butted me I grabbed my son and ran went to the police he has been charged with common assault as it was on cctv what would be the likely sentence
Submitted: 10 months ago.
Category: Law
Expert:  JG_Legal replied 10 months ago.

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?

Customer: replied 10 months ago.
I know he has had fights and been at the police station and he was in the cells in Spain with his ex partner as he attacked her and smashed the apartment up. We have had the police over as a neighbour says he pushed him in the street but that case was dropped I've had loads of threats in texts and had the police noted about it. He use to hit his ex wife but she never reported it
Customer: replied 10 months ago.
My two year old son was sitting next to me
Customer: replied 10 months ago.
Do you need more info
Expert:  JG_Legal replied 10 months ago.

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.

Please rate me if this answers your question.

Customer: replied 10 months ago.
Ok so will therd be a fine and or community service and where do I stand after this as I'm scared and I'm actually not sure if I want my little boy around him. So if he has previous records of violence eg fighting that's taken into account?
Expert:  JG_Legal replied 10 months ago.

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.

Customer: replied 10 months ago.
the likelihood is a custodial sentence and they will also look out for my safety I think he is pleading guilty
Expert:  JG_Legal replied 10 months ago.

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.

Customer: replied 10 months ago.
Thank you very much for your help do you know where I would stand regarding my son he also has two other children from a previous relationship
Expert:  JG_Legal replied 10 months ago.

I'm not an expert in family law so I cannot assist with that question.

If you are satisfied with my answer please rate me. Thank you.

Customer: replied 10 months ago.
the likelihood he would get more than just a fine
Expert:  JG_Legal replied 10 months ago.

Definitely

Customer: replied 10 months ago.
Do the courts literally just look at the facts he walked in headbutted me in front of my son in a public place he can't get out of it in anyway. His mother is a police officer she can't get involved can she to help him?
Expert:  JG_Legal replied 10 months ago.

For sentencing purposes, if those are the facts he was convicted on, the court will look at them. His mother cannot help him.

Expert:  JG_Legal replied 10 months ago.

Have I answered your question?

Expert:  replied 10 months ago.

If I have answered your question please rate me. Thank you.

JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience: Experience of consumer law, financial regulation and criminal law.
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