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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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My ex and I were in the middle of a row when he put my arms

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My ex and I were in the middle of a row when he put my arms behind my back restraining me (I was not doing anything to him at this time). When he let go I pushed him in the back, he did not stumble or fall, it was a very "gentle" push and actually quite pathetic. I called the police as there has been previous domestic incidents. They never turned up. The next day they went and spoke to him. Next thing is I get a call at work asking me to go to the station "for a little chat". I went down and found I was being interviewed under caution. I was asked if I wanted a solicitor but I refused as I was not aware I had done anything wrong. That was a few weeks ago. A few days ago I got a call from the police asking if I would be prepared to accept a caution. My ex does not want this taken any further but if I dont accept a caution they are going to arrest me. I need help. I am in constant fear that I am going to be arrested and dont know what to do.

How many times have you done this before?

Customer: replied 1 year ago.
I have never done this before. He has been arrested and cautioned when he put me in hospital a few years ago.

Well, surely you have called the before to a domestic squabble before? You accept that above.

I need to know how many times roughly and when?

Customer: replied 1 year ago.
I see what you are asking now. First time approx five and half years ago. Then again about 2 years ago.
Customer: replied 1 year ago.
On both occassions he was taken to the station for the night.

Ok. It is not the worst record then.

Did you admit the push in interview?

Customer: replied 1 year ago.
I admitted to the "pathetic" push in the interview but only because I had no idea this was classified as assault. I thought the fact that he had been intimidating me (towering over me) and provocing me would be taken into consideration.

OK. There is no way around that then.

Take the caution. You have admitted an assault and they will prosecute on that basis if you do not.

Customer: replied 1 year ago.
What will happen if I refuse the caution. Would they definitely go as far as prosecuting me. My ex has told them that he does not want this matter taken any further as we have a child to consider.

A caution is the better deal overall.

Probably a no comment interview would have avoided this but there is no way of going back now.

Yes, they will prosecute. They will summons him. It is their current policy. That is why it is always dangerous to summons the police to domestic rows.

Customer: replied 1 year ago.
I wish I had reported everyone who pushed me in the January sales - they would be very busy!! Seems very unfair given that he is massive and frightened me to the point I had to call the police in the first place.

Oh yes, and it would have been avoided if the police had not been called.

But they were and he made an allegation and you admitted pushing him.

I'm afraid it is very dangerous to summons the police to rows now.

Customer: replied 1 year ago.
OK. Thanks for your help. I suppose I will have to take the caution and suffer the repurcussions with regard employment. I have been applying for a couple of jobs at my sons school. Will this caution show up on a basic CRB/DBS check?

Yes, it would then as you would almost certainly be enhanced checked.

That does rather change things.

However, if you have admitted it then you have admitted it.

You could always refuse it in the hope they take no further action but it is a risk.

Customer: replied 1 year ago.
OK. Thank you for your advice. I will have to think about it further as I do not want this man to ruin any more of my life, which could happen in relation to employment. I have been registering with employment agencies for various work and some of them do a basic check even if its not for working with children or vulnerable adults.

Yes, that does make things harder.

Unfortunately though it has been admitted so the options are reduced.

Customer: replied 1 year ago.
One more thing that I forgot. When I spoke to the Sereant yesterday he said that the report the officer had given him stated that I pushed first and was then restrained, however I explained that that was not the way it happened. I asked him if he had listened to the tape and he said no. Could this course of action be changed if he listens to the tape and can see that the way in which the officer has written things down is wrong. I did explain clearly on tape what happened, i.e. he acted first.

Well, the problem is that even on your version of events, you pushed him when there was no proper threat.

There is no defence in saying that he acted first. You were just not under attack at that time.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK. Thank you.