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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I'm hoping you can help - my partner was a recovering alcoholic

Customer Question

Hi I'm hoping you can help - my partner was a recovering alcoholic until Saturday when he drank heavily and smashed my door and grabbed my throat my friend phoned the police to remove him from the house but he tried to run when they came in - he has been in custody since 3am yesterday morning and they won't tell me what he's been charged with just that he will appear at court tomorrow - I don't want him charged and also the police officer said bail conditions might be that he's not allowed near our house which I don't want either as we have 3 children - we have been together 13 years and this has only happened because he drank please help I'm going out of my mind
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
Can I write a letter to the judge asking for him to be allowed home as he has no where else to go
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a solicitor in Scotland. The normal position will be that he will be granted bail as long as he accepts a condition that he doesn't come near you home.
The only possible way to try to avoid this (and remember there is a Zero Tolerance policy against domestic abuse) is for you to be present in court and for you to speak to his defence lawyer before the case calls and give him a letter confirming you want him home. After that it is up to the sheriff to decide.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok thanks I have written a quick letter stating that as we have 2 children I would like him to be able to return home so they are not unsettled and also that this was all due to the alcohol and his lack of it for the last year - i in no way wanted him charged I just wanted him removed from the house but they won't tell me anything on the phone about what charges he has been given
Expert:  JGM replied 2 years ago.
From your narrative the charges will be breach of the peace, assault attempted assault and possibly resisting arrest.
The solicitor may be able to advise you tomorrow in more detail but you may want to go to the court early so that you can speak to him and give him the letter. His main duty is to your partner but as part of that involving an application for bail, he should be prepare to speak to you.
Customer: replied 2 years ago.
Thank you very much I'll head to court as soon as I put the kids to school and hopefully get to see his solicitor
Expert:  JGM replied 2 years ago.
You're welcome. Don't forget to leave a positive rating so that I am credited for my time.