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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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Arrested assault on my wife. Her statement was "

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Arrested for common assault on my wife. Her statement was " pushed" no injury sustained. My version was i asked her to leave my property " only my name on deeds i pay mort " by persuasion.. 1 hand on top arm and push. been detained for 24hrs released on condition bail not to contact or go home. reporting tomorrow at 9 am. lots of history with wife and every time im released without charge last 2009 acused of assault and robbery by wife only to be thwarted by video footage. i have documented evidence over time which i will use if i divorce. wife history of meds unstable bipolar etc but i still get arrested when she seeks attention. i do not want my wife in my home how can i get her out. bail reasons im currently staying with my son. she could be wrecking my home destroying my things etc. total in justice and extremely unhappy with how first come first serve lands me in a cell for 24hrs please advise .....many thanks
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you admitted pushing her to the police?
Customer: replied 2 years ago.

Pc before arresting me said " im trying to help you and that you can use reasonable force to remove an unwanted from property inc your wife" up until then id said what happend which was 1 hand jesture pointing to door and other hand on her top arm to usher to other room while i attended to pet she threw. so i said to pc yes was persudibg her to leave. pc agreed a comprimise and asked if i could stay elsewhere i said yes but then he called sergant who said it was assault and to arrest me

Yes, the reason he said that I suspect is that this is the matrimonial home and you were not entitled to ask to leave as she is not a trespasser. Therefore use of force would be unlawful.
If you have admitted it then there is no way around it.
Never have interviews with the police without a solicitor and preferably never replied to caution.
They might offer a police caution as it is only a trivial form of common assault.
You might be lucky and CPS might decide it doesn't warrant a charge but I wouldn't bet anything valuable upon it I'm afraid.
In relation to removing her, this is the matrimonial home and she cannot be removed I'm afraid. She has a right to occupy and rights in the property. I don't do family work but that is fairly widely known.
I know you pay for everything and that she is a waste of space and I understand your frustration but ultimately she is your wife and wives have far more rights than they should.
I'm very sorry but I have to give you truthful information. If I made policy domestics would be in the family court and the police would not have to mediate them.
Can I clarify anything for you?
Customer: replied 2 years ago.

So how will this resolve if im released again on bail but cannot return to my property due to condition set. also i am effectively paying for her to stay and use all services at my property. how do i ever get my property back in that case ? im so frustrated as this is a total in justice. i have no previous convictions. also ive professionally employed for over 30 years and often work at home . there must be a way. can i ask my family to move in whilst this is going on to police my proprty ?

You will be able to go home in the end. They can't keep you on bail forever.
Other people can live there though but you can't ask them to contact her.
There isn't much genuine domestic abuse that gets reported to the police. It is all nonsense like this. That is why the police had a policy of not becoming involved and they were right.
Customer: replied 2 years ago.

Police asked me to ask my son to make contact to retrieve national security pass i use for work and clothes etc. which i have now. do you think worse case senario i am charged i will be remanded now worried about ruining my carrer as i cannot have anythinh of this sort on disclosure. why are they seeming to take her word over mine anyway...if id had got to phone first and told police she going crazy would the tables have turned . any idea y 2nd interview tomorrow?

No, you won't be remanded. That just won't happen.
You don't have any relevant bail history and they have bailed you from the police station.
They have to act upon every allegation and also you have admitted the offence.
I would imagine they are probably going to offer a caution tomorrow. Or possible put other evidence.
Customer: replied 2 years ago.

Ok well thankyou Jo...i guess i will just ride this out. I dont know what to expect tomorrow but if she dreams up any other allegations shall i reply no comment or just deny. and lastly can i contact you if outcome is worse on here.....or even represent me or recommend a person local to me.

Just make sure you have a solicitor who will tell you whether to answer questions or not.
She might well have come up with other nonsense. They go on the internet reading twaddle and come up with claims of being 'controlled' which is something they would never even have thought about if they hadn't found it online.
You can use the duty solicitor at the police station even on a second interview.
Where are you roughly in the country?
Customer: replied 2 years ago.

Stockport Cheshire

I don't know the Cheshire area at all but this firm;si:11751069104084156092&rlha=0\
seems to be a specialist.
Customer: replied 2 years ago.

ok thank you Jo, what do i do now ? close this question or leave open invase further advice to this so unsure how it works

You can come back for further answers even after you leave feedback.
The question won't close from your side.
Customer: replied 2 years ago.

Ok, well i will let you know how i get on. Thanks again for this i was going out of my mind and although not the best news i thankyou for your honesty....i will leave good feedback for you hope i will not need this service again.....

Thanks !

No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi jo,

How can i get my belongings from property without breaching bail condition. Family has asked for 1 pair of shoes for work to be left outside to collect but wife has refused ...please advise thanks

The police should facilitate that.
Your solicitor should negotiate an appointment to attend with a police officer to collect belongings as a condition of your bail.
Failing that just sue her. Give her warning first. Send one letter, or get the police to notify, saying no more than a third party needs to collect or she needs to deliver within 7 days and in default you will sue and seek costs.
If it is stuff that cannot be replaced with money then you can seek an injunction forcing return.
If it is just items that can be replaced with money then seek their value at the small claims court.
She will roll over fast enough if she thinks she may have to pay for something.
Customer: replied 2 years ago.

im confused.. bail set for next week 2nd interview was because she found a bruise that police did not see at time of arrest. inspector shown sympathy today after seeing previous wife history but hands were tied. bail condition says i cant ask anybody to contact her seen as harassment..but i did state today was i ok to ask family to pick things and said yes. last night my son. collected a few things but no shoes for work...will look silly in a suit and trainers ....her contributions for bills etc were due 2 days ago and looks like im going to be shy 700 bills .which i have just cancelled direct debits ive already paid main bills to 1300 pounds and no have very little to live on. she living in my house using my services that im paying for yet not there. just called police and they say leave a message for dc but other than that up to u if u go or send and then we will deal with what happens ???? !

Oh yes, of course he will have. The police hate having their time wasted on this twaddle and generally do share my view that the whole issue should be in the family court.
To be wholly honest, if it is just shoes then I would suggest just buying yourself a new pair. It is not worth placing yourself at risk of a bail act charge and you haven't got time to put everything in place properly.
I wouldn't even think of suggesting you pay her bills. She will have to learn about being responsible if she intends getting you excluded from your home on these ridiculous allegations.
Customer: replied 2 years ago.

ok but i really dont have any funds whatsoever. u see i pay all bills of which all are in my name and she just puts 700 contribution. i may go to station and wait 5 hrs to ask they get them. its only 1 pair of shoes but at the moment i have none. How can i send notice for belongings if bail says no contact whatsoever. by the way dc saw alleged bruise which was more like a corned beef spot. i then shown him a video of her seft harming which was also registered a few years back.thanks jo and sorry to bother you in a sunday. i will leave a large tip once a can...thanks

You could go to the station and ask somebody to accompany you to prevent a breach of the peace but it will be a wait of hours.
Do not lose that video. If she is a self harmer then that is very useful. Keep it even if you reconcile.
This might all disappear into nothing but that doesn't deal with the underlying issue which is her propensity to make allegations. After all, she can always do that again.
We all have rows. We don't all get the police involved in them.
Also, if she owes you £700 then sue her at the small claims court.
That is not harassment or breach of bail.
Customer: replied 2 years ago.

duty solicitor advised i cant nor he can write a letter to notify return of possessions with bail condition set at no contact by any means. he said a member of family could notify police stating my son/father is at risk of losing his job as he has no shoes to attend work in. I have made reasonable request to leave shoes outside of property to collect but been refused so am going to ask personally for them and want to avoid potential breach of peace . Is that right Jo ? im fast becoming really confused with the law and does not make any logic or sense. So if i have this right i cant even instruct a solicitor to make requests until after bail dates ?

I didnt mean that he should write to her but that he should ask the police if there could be a variation of the condition to allow for collection.
If you approach her directly she will call the police and probably say you have threatened to kill her or some other twaddle and you will be arrested for more serious offences.
Couldn't somebody just lend you £20 to get some cheap shoes temporarily? I know it isn't ideal but it is a lot better than being charged with perverting the course of justice.
the only other option is to attend at the station and get an officer to come with you or, better still, to go with a third party.
Customer: replied 2 years ago.

Yes ive been offered a loan , but all reluctant to give out of principle. I will sort something out its not worth the hassle. Feet are under desk most of day anyway. Family are amazed at how little there is i can do at this stage. I think the law is in desparate need of review as reading between the lines people could get away with pretty much anything. Thanks again Jo for your time i said i will leave a large tip when i can. Enjoy the rest of your day

Oh yes, it is.
There should be a more accessible action that can be taken against vexatious accusers.
There are options but they are not quick.
Have a look here
Although I know that barrister has moved chambers now.
Customer: replied 2 years ago.

Visited my mother earlier to find out she has text my wife saying " Darren has asked me to loan him 700 pounds to pay house bills because you have not paid him " wife text back " are you for real your getting nothing and im now going to report u because hes asked you to say that" which to be truthful crossed my mind along those lines but actually didnt. Is my mother in trouble now or am i ?

No, please don't worry.
There is no evidence you asked her to do this which would be the offence.
However, you really shouldn't expose yourself to a situation where this professional victim can make allegations against you.
You are playing into her hands. Take the power away from her.
She is clearly quite well aware of her rights. Strangely struggles with her duties though.
Customer: replied 2 years ago.

Just to give you a picture of what im up against and an understanding of the character. The following link is one of many situations ive been in. Please excuse the language but i would like your take on this. This was an occasion when she was to meet a hairdressing appointment because she was telling my mother how ugly she felt. Mother paid for a hair do telling her she looked fine but treat yourself. You will see the anxiety and how quickly she becomes aggressive...also note in her hand bag a full box of coco damol.

I can't open the video but Im quite well aware of the machinations of ladies like this.
That is why you need to stop putting yourself in a position where she can make allegations of abuse against you. Normal women don't do that.
Customer: replied 2 years ago.

Ok, Thanks Jo, it can be opened with quicktime player but like you say , youve probably seen it all before. I just find it hard to believe this goes on and people who need to see it dont. Long wait now until Saturday. I want to pay you on the 15th my next pay day but how will i be able to do this ? just open another question with you and add to tip ?

Oh people do see it. The police are quite well aware that domestics are generally a waste of their time.
I don't know whether or not there is genuine abuse in the Uk but I do know that the ladies who phone the police on a regular basis are just using them as a mediation service as they never would do if they had to pay.
You need to email customer services about your account questions here***@******.*** but you have rated already so there is no need to do anything else.
Customer: replied 2 years ago.

I thought i worked long hours until now. Much appreciated you taking the time to answer my questions Jo.

No problem. All the best.
You can avoid these situations by not placing yourself at risk of further allegations from her.
Customer: replied 2 years ago.

Hi Jo,

Sorry to bother you again but situation is now critical. Came home to my mother today and a chap came to me holding papers and asked " are you duncan lewis" i said no. he said yes you are and you live here. i no i dont who are you. he said this is ur car disclosing reg. i said no wrong again its my mothers( which it is) he follwed me to the door still maintained im duncan lewis. unfortunately my mother came out with grandson to see the fuss and said to chap stop saying hes duncan his name is ***** ***** Which followed by papers being thrown in doorway passing mothes face landing into my nephew. Papers are a court order without respon notice to keep me out of property until aug 2016 !!!! attached is a heap of twisted words and outright lies about the ins and outs of my time with wife. its 10 yrs worth so cant repeat here. but she admits her condition but blames me and also used the local doc she still under plus local new job she has is close to home and cant afford car etc. also obviously im jack the ripper and she in fear of her life. she pushed 350 pounds half or norm into my account today not sure y though but least i can pay my son and mother for car etc. my daughter has shown me a new profile picture of wife on facebook. its shows her smiling her face off with a new hair do ...and i know thats 100+ .wearing a sleevless top showing bare upper arms which clearly show no brusing which is where i admitted i ushered her to the door. the pic is time stamped and is the sunday show told police she has new evidence eg bruises. probably an hr or so after the left. controlling was mentioned amongst how i deprived her children. but i have evidence i renovated her property and her kids bedrooms and bought them both laptops and. computers etc also before and after. there are elements of truth in her statements but its a very twisted story. she claims im a lot better off then her and have a place to stay as she does not get on with her parents...because of me ! but fact is ..her parent had dis owned her long ago because of previous trouble with her b4 i met her. in fact within a few months of me meeting her ...her parents started to come round and i got on with them very well....until another drama took place and i had row for not being supportive and they disowned her again. this is totally unfair and is an outright pack of lies. i cant believe the justice system is so shallow. ive had to leave my mother now to not subject her to anymore. my children hav been affected also. she states she can pay mortgage by getting a lodger and that there is plenty room at my mothers for me. in the meantime i cant even afford a solicitor even though im 200% certain i can counter every single paragraph in her statement with evidence....unless shes burnt it which is y i told police i want my belongings. paper evidence going back 10 years will be hard to recover electronically. Do you have any more advice please Jo ?


You will need to post another question in family law about that as I don't do that type of work.
If you ask for Claire then she will be able to help.
Customer: replied 2 years ago.

hi Jo

Sorry i just couldn't deal with it all last night and didnt get back to you. ive been up all night worried sick. ive just looked again and the order say im to produce evidence on 3rd sep in a 10 minute slot. but also say it must be done 48hrs before the hearing 11am this wed. else the order will carry unchallenged. its bank hol mon so how can i acheive this i am back to station for bail at 4pm today also. do you know of a barrister who is available to represent me? in person struggling here and extremely frustrated as i have evidence but either cant get it from property if its still there or do not know how to put it together. i am now desparate and extremely worried. thanks

This is a family question which is not my area.
If you post another question for Claire she will be able to help.
Customer: replied 2 years ago.

Hi Jo

If i had made contact by phone ( not mine ) before i had time to seek advice from a solicitor but the non molestation order was issued is that a breach of order ? thanks

If the order was served upon you then it is.
If not then it is not.
Customer: replied 2 years ago.

even if i had not been advised at the time what the order was or what it meant. i mean i didnt read properly and left until id spoken to a solicitor ?

Yes, even so.
Customer: replied 2 years ago.


Can my wife still get an occupancy order if i have evidence she has in fact assaulted me. eg video and what happens if they believe her allegations of assault but no evidence ?


You will need to ask a question in our family section about this as I don't do family work.
If you are on subscription then it shouldn't cost extra.
Customer: replied 2 years ago.


No problem.
All the best.