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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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My partner was being assulted .I defended her to get the

Resolved Question:

My partner was being assulted .I defended her to get the person off.i headbutted the person and they ran off and have not been found .the police are not disputing my partner was being assulted.but have said I my be charged with affray.
Is this standard practice?
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.

How did she come to be assaulted?

Customer: replied 12 months ago.
The person jumped on her back and pushed her to the floor.pulled her hair out.brused her knee and arm.
They had a verble argument.the person attack my partner twice but the second attack was more violant.
Expert:  Jo C. replied 12 months ago.

It is difficult to say really.

Certainly on the case as you present it you would have a defence because you were acting lawfully to defend her.

To charge you with affray there would need to be some evidence that you acted without a lawful reason.

But the problem is I suppose that you don't know how this came about. It is quite unlikely somebody just attacked her for no reason at all without any provocation.

Expert:  Jo C. replied 12 months ago.

It isn't particularly standard practice. You don't see many affrays any more.

But it is something they are entitled to do.

I'm sorry you are in this position as I suppose she has escaped consequences entirely.

Can I clarify anything for you?

Jo

Customer: replied 12 months ago.
The person was a homeless vagrant.and hassled my partner for money.i didn't hear the conversation .an off duty police officer only saw the end of the atack and saw me headbut the tramp.and called the police.the tramp diapered and has not been found.the police were waiting to check cctv
Expert:  Jo C. replied 12 months ago.

The lesson is never get involved in your partner's disputes. I know that men are generally socialised to protect women but it is always the cause of problems for them. I have lost count of the number of perfectly law abiding men who would never have ended up in the dock if they hadn't been sorting out their partner's issues.

Interestingly the ladies never join them in the dock.

Expert:  Jo C. replied 12 months ago.

However, if you haven't been charged with affray then I wouldn't expect it. It is pretty rare that is used now.

They may use S4 public order possibly but you don't see many affrays now

Expert:  Jo C. replied 12 months ago.

That isn't always a good thing. Essentially all the money is being spent investigating false allegations of historical sexual abuse.

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