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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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There was a domestic incident incident between my

Resolved Question:

Hi, there was a domestic incident incident between my partner(now ex partner) and I which I am looking for some advice on.
We had a huge row during which we both became verbally abusive to each other, I had my finger on her chest at 1 point and when she came towards me I pushed her leg off balance with my leg, there was no malice or aggression in this at all as it was simply to stop her coming at me although she was holding our 7 month old son at the time who was in no danger.
A few days later there was another argument during which I struck 2 doors in frustration causing minimal damage, this was however in front of the children which was wrong and I am very ashamed about.
She asked me to leave and I refused, she left the children with me for the afternoon but then called the police who arrested and charged me. I have been charged with criminal damage(for the doors), common assault(for the finger on chest and her leg) and threats to kill which is untrue.
I am in constant touch with her family regarding the children as they are aware this was a 1 off incident that has simply been building for a while and we are good parents who want the best for our children.
I have been in touch with the investigating police officer who said he had mentioned it being a 1 off incident and us both seeming like good people and parents in his report. He said he didn't expect it to even go to court although I would still have to attend the original court date.
Also because this is a domestic incident social services have been in contact and are arranging a visit with my ex partner, should I be worried about this or is it just procedure as those children have never been in any danger and we are both good loving parents
I have never been in trouble before in my life and have a good job and life, what should I expect to happen?
Also she has filed a temporary non molestation order until a court case and given a statement which although contains some truths, some things have been very exaggerated and some outright lies to make me look bad, I am very worried about the whole thing and being denied access to my children. Supposedly she wants everything to work out so we can arrange everything between us to save hassle and cost and simply put this in order at the advice of her solicitor.
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you would like to know about this today please?
Alex

Customer: replied 5 months ago.
What is likely to happen to me?
Expert:  Ash replied 5 months ago.

Are you pleading guilty?

Customer: replied 5 months ago.
Will be guilty to criminal damage, 1 door needs replaced which I offered to pay for immediately and 1 has already been fixed as was very minimal damage.Will be guilty to common assault as I admitted having my finger on her chest.Not guilty to threats to kill
Expert:  Ash replied 5 months ago.

I agree in terms of your pleas. I think you would struggle against criminal damage and assault.

It may be that the CPS decide to accept those pleas and drop threats to kill.

Unless you made threats and she believed you were going to kill her I am confident you will be found not guilty.
For sentence you are likely to get a fine or community order. There is also the possibility of a restraining order preventing contact, save through a Solicitor.

Can I clarify anything for you about this today please?
Alex

Customer: replied 5 months ago.
If she really thought I was that type of person why then leave our 2 young children with me.As far as I am aware this non molestation(restraining) order was only put in place as a temporary measure until the court case about the children is over and she wants to arrange things directly with me for ease and for the benefit of the children.Is a community order the same as community service?What kind of fine shoudl I expect, if she retracts her statement will this still go ahead or will everything be dropped?
Expert:  Ash replied 5 months ago.

Yes community order/service is the same.

No, if she retracts (and a retraction is only the case where she has to say she made it up) then it would still go ahead.

The CPS have a policy of continuing to prosecute regardless where domestic violence is alleged.

Does that clarify? Alex

Customer: replied 5 months ago.
What kind of fine should I expect roughly?Also if it downs not go to court as the arresting officer suggested what is likely to happen and will I end up with criminal record
Expert:  Ash replied 5 months ago.

Its more likely to get a Community Order. But fine would be 1 weeks income.

If it does not go to Court then no, you would not have a criminal record.

Does that help? Alex

Customer: replied 5 months ago.
But if it does not go to court I may still get a community order and/or a fine?Is it also worth noting I have already paid for a private counselling physchologist to help with a few issues in our relationship
Expert:  Ash replied 5 months ago.

No, if it does not go to Court you walk away.

If it does go to Court you will get fine/community order and get a criminal record.

As for the counselling, thats for mitigation only, its not a defence

Does that clarify? Alex

Customer: replied 5 months ago.
how then is it decided whether this go s to court or not
Expert:  Ash replied 5 months ago.

The CPS (Crown Prosection Service)

Alex

Customer: replied 5 months ago.
The arresting officer said he would be very surprised if this went to court. When I look at the charges they look serious but he seemed to think I had nothing to worry about, is this a good sign
Expert:  Ash replied 5 months ago.

It is but dont rely too much on what he/she says. Its down to the CPS

Can I clarify anything else for you? Alex

Customer: replied 5 months ago.
what will happen the first time I go to court and when will I find out if the cos are going to prosecute or not?
Customer: replied 5 months ago.
Cps
Customer: replied 5 months ago.
Also will her statement regarding the non molestation order count towards the criminal case as there is false allegations of domestic violence in this which make me look really bad when it is not the case at all.
Expert:  Ash replied 5 months ago.

Its a matter of evidence, the CPS may charge or they may not.

If you go to Court this means they are proceeding. Otherwise it would be dropped before you got to Court.

Then she would need to give evidence to show the threats were real

Does that clarify? Alex

Customer: replied 5 months ago.
I admitted having my finger on her chest and hitting the doors so surely they don't need evidence for that?........there is no evidence of threats to kill because 1. It didn't happen and 2. It would be her word against mine.Will the statement she gave to get the non molestation order be used in evidence in my criminal trial as that makes me look really bad although again it is mostly fabricated with no evidence?
Expert:  Ash replied 5 months ago.

No, if you admitted the damage and assault then you could well be charged with that.

The statement for the non mol wont be used in the criminal trial

Does that clarify? Alex

Customer: replied 5 months ago.
Ok thanks, ***** ***** as I have admitted damage and common assault as minor as it was they will take it to court as it's an easy case for them?
Expert:  Ash replied 5 months ago.

Yes they may well do. But they may just offer you a caution.

Alex

Customer: replied 5 months ago.
Oh right I see and is that a possibility given it is a first offence, a relatively minor incident and the policeman s report on me?
Customer: replied 5 months ago.
if it is just a caution I don't need to declare that at any time in the future?
Expert:  Ash replied 5 months ago.

Generally no

Does that clarify? Alex

Customer: replied 5 months ago.
in your opinion the worst I may get is a fine or community order but I may also just get a caution
Expert:  Ash replied 5 months ago.

Correct. Does that help?

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Ok thanks
Expert:  Ash replied 5 months ago.

Happy thanks. Alex

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