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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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My son 2 weeks ago was arrested for domestic violent against

Customer Question

My son 2 weeks ago was arrested for domestic violent against his ex partner. He is out on bail to report back to the police station next week. His ex now says she wants to retract her statement and drop all charges as it was done in the heat of the moment. The police are telling her to wait, but says they will call on Saturday to take her new statement. Can the police carry on with the charge, even though there is no evidence, even if she drops the charges. Should he have a solicitor with him when he goes back to the police station next week.They have 2 children so ss have been involved but his ex has said she has no fears regarding my son behaviour.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 3 years ago.

What additional information do you require? Need to know if he can still be charged if his ex drops all charges?

Expert:  Jo C. replied 3 years ago.
Yes, he can and he probably will.
People waste their time all the time making these reports and then withdrawing. They have long since had a policy of summonsing to court people who do that essentially to make the point that they are not a mediation service. It is nothing to do with your son. When they summons a witness usually it is because they have had enough of the witness using them and wasting their resources.
Yes, you do need a solicitor to attend again and on every occasion. If he has been interviewed already then that was when he really needed a solicitor but the bail back date can be important too.
They might let her withdraw. It depends on her history and how often she has done this. I would brace yourself for this to continue though.
Ultimately if she doesn't come to court then they will have to throw their hand in.
Can I clarify anything for you?
Customer: replied 3 years ago.

Thank you. His ex's mother has made a statement about my son but the police will not tell him what she has said. Can he ask to see this statement, does he have any rights over what is said about him.

Expert:  Jo C. replied 3 years ago.
If they are using it to prosecute him then they will have to disclose it in the end.
It will probably be some nonsense about him being abusive for years. It is amazing how they all remember their former partners in hoods chanting Satanic verses when they won't do what they want. I wouldn't worry. They cannot use that.
Customer: replied 3 years ago.

If the case is dropped will my son have a criminal record.

Expert:  Jo C. replied 3 years ago.
Not if it is dropped.