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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69357
Experience:  Over 5 years in practice
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My Tunisian husband is here since 1/3/16 on a spouse visa.I

Customer Question

My Tunisian husband is here since 1/3/16 on a spouse visa.I reported him on 4 counts of assault.he went to court next morning and he has bail until court 25/8/16. I want to withdraw the complaint,but I think the police will go ahead, even though I said on at least 5 occaidions"I don't want him arrested,just spoken to". If the police go ahead ehst I'd the likely sentence?
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

have you done this before?

Either in this relationship or in others?

Customer: replied 4 months ago.
No
Customer: replied 4 months ago.
Just remembered.my husband of over 20 yrs ago was convicted of common assualt
Customer: replied 4 months ago.
The difference is,I had left previous husband.this one I want to stay with
Customer: replied 4 months ago.
I'm about to go to police to withdraw statement.police say they will probably go ahead anyway.I have fragile mental health.I need my husband home.bail conditions means no contact.I have anxiety and depression and can't sleep without him here.
Expert:  Jo C. replied 4 months ago.

Ok. So when did you last call the police to a domestic squabble apart from this time?

Expert:  Jo C. replied 4 months ago.

Ok. So when did you last call the police to a domestic squabble?

Customer: replied 4 months ago.
Over 20 yrs ago
Customer: replied 4 months ago.
things hsvr changed they don't regard it ad s "squabble" they tskr it very seriously.
Expert:  Jo C. replied 4 months ago.

And that was the only time? No other calls to family rows at all? Even involving other relatives.

I would be quite surprised if they even have a record of a row twenty years ago.

Customer: replied 4 months ago.
No nothing
Customer: replied 4 months ago.
They say I have yo wait till Tues because the officer dealing with the case is off.but she had previously said they can go ahead without me
Expert:  Jo C. replied 4 months ago.

Oh yes, they will probably. They have a policy of summonsing essentially because so many complainants are wasting their time although actually you don't seem to be a candidate.

What did you allege on this occasion? What did you say happened?

Customer: replied 4 months ago.
4 counts of assault and verbal abuse
Expert:  Jo C. replied 4 months ago.

What is the common assault?

What is suppose to have happened?

Verbal abuse is a non issue. That is just a relationship issue. That is not to say it is acceptable but it is not a police matter.

Customer: replied 4 months ago.
Pushing and grabbing resulting in bruising
Customer: replied 4 months ago.
Threatening with fist( although not using it)
Expert:  Jo C. replied 4 months ago.

The reality is that they could summons you. That is their current policy.

That said, they do not in every case. You do have a bit of history but it is very minimal and I would be surprised if they even knew about that other report.

These allegations are large in number but not the worst assaults.

Expert:  Jo C. replied 4 months ago.

The reality is that they know you are reluctant now anyway so there is nothing that can be done about it. It might have been better not to alert them to the fact but that can't be undone now.

Expert:  Jo C. replied 4 months ago.

If you have told them you are reluctant you may as well make a retraction statement in the hope that it is effective.

Expert:  Jo C. replied 4 months ago.

If they will not move on that point then you will have to decide whether you are going to answer the summons or not.

However, they are very unlikely to allow him to return home until the matter is resolved.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
What would be the likely punishment?
Customer: replied 4 months ago.
We reapply for his visa in 2 years and I'm worried hell be refused,but he's due s holiday hone in September,will he be allowed back in the country?
Expert:  Jo C. replied 4 months ago.

I don't do immigration or visa work. He wouldn't be subject to automatic deportation as he will not get long enough.

However, it is fair to say that this report probably has disadvantaged him.

Expert:  Jo C. replied 4 months ago.

You have to get more than 12 months to be subject to automatic deportation.

Customer: replied 4 months ago.
the police said probably non custodial,but do you have any idea what he could get?
Expert:  Jo C. replied 4 months ago.

I would imagine it probably would be non custodial.

That doesn't mean it isn't a disadvantage and also will be used against you if you have children who come to the attention of social services for other reasons.

I would have expected a low level community order.

It is the potential impact on his immigration status that is the issue and the long term impact.

Customer: replied 4 months ago.
What about his holiday in September,could he be prevented from coming back into the UK?
Expert:  Jo C. replied 4 months ago.

I don't do immigration or visa work.

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