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ivorylounge
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 33056
Experience:  Over 25 years experience
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I have been charged with assault & due to appear in court 25

Customer Question

Hello
I have been charged with assault & due to appear in court 25 May.
I was assaulted by my wife and phoned the police. When they arrived she said i had hit her and so I was also arrested and charged.
I merely defended myself by grabbing her wrists and lowered her to the floor which I had stated to police during my phone call.
I have been subject to an undertaking not to contact my wife as has she. Is there any way this can be amended as I know she will be remorseful and we are ordinarily extremely close? She has bee 'liberated' to an address which is a caravan without water or electricity. I fear for her well being as she has had major illnesses and suicidal thoughts. I need to be able to offer her support. In addition she manages our small business which i am not totally au fait with and i need her help.
I have had mental health problems and have a heart condition and feel unable to cope.
Thank you for your attention to this matter.
Stephen Baxter
Submitted: 6 months ago.
Category: Scots Law
Customer: replied 6 months ago.
When will I get a reply please? Estimated reply time shown was 8 minutes - 50 minutes ago!
Thank you
Expert:  ivorylounge replied 6 months ago.

Dear *****,

This has been passed to me as a matter of urgency to help you.

Expert:  ivorylounge replied 6 months ago.

An undertaking as you know I am sure is a promise to the court. You can amend an undertaking but only by taking the matter back to the court. If you were to breach the undertaking it is a contempt and you could go to prison. You would need to take the matter back to court and seek the permission of the court to amend it. This is not however uncommon, particularly if your wife supports the change.

Expert:  ivorylounge replied 6 months ago.

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