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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 74263
Experience:  Over 5 years in practice
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I am on conditional bail while police are investigating

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I am on conditional bail while police are investigating domestic violence issue. I'm out from my house since then. It's been 14 days in staying my friend houses on rotation. It is becoming increasingly difficult for me. I contacted police, but couldn't get hold of anyone. Police operator advised me to contact my duty solicitor. But he was rude to me saying - i should not contact him until the charge prepared and wait another 2 weeks for the police station attendance date come.
According to the human rights act, i should not be treated as criminal until they convicted me beyond any doubts. But, the way i have been treated is entirely unfair. What should I do for accommodation? How can i see my son in the meantime?

you should not contact to the police regarding this matter because you are accused. your wife should contact to them and should make a request to drop charges against you.

if you will approach to them then they will not listen you. your duty solicitor can not help you if your wife does not take any step in your favour.

you should not contact to police or your duty solicitor. you should contact to your wife through your friend or other family member.

you can not see your child until you receive any further recommendations from police or court.

i hope it will help you.

please give positive rating for my efforts to answer your question

Hello.

I'm afraid the answer above is completely unrealistic.

What are you trying to contact the police about?

If it is to vary bail conditions then they are not going to let you go back and live with her.

You do have the option to appeal to the magistrates court although the reality is that they will not vary conditions to allow you to live with the accuser.

This is not the fault of the police This is the fault of your wife who caused all of this.

you do not actually have a human right to live at your address.

Can I clarify anything for you?

Jo

Customer: replied 8 days ago.
Many thanks for your response.

No problem.

I'm very sorry.

Customer: replied 8 days ago.
What should I do for my accommodation issue? Do you think that i will be allowed to go back to my house soon?

No. You have to be realistic. They will not let you live there while this case is underway.

Customer: replied 8 days ago.
How long it could take the case to be resolved? Any estimation? My wife is pregnant and due in December

Yes, well. She caused this entire situation so don't you worry about her.

If you are charged then it could be several months.

make alternative arrangements and stop paying for the upkeep of that property. let her learn the true costs of calling the police to family rows.

Customer: replied 8 days ago.
She is giving birth to my child, that's why i worry too much and i desperately miss my four years old son. That's why

yes, I understand.

You will get access to your children.

Just leave her to deal with the problems she has caused.

If you don't she will do this to you again and again and again.

Customer: replied 8 days ago.
i know. What can speed up the process to be resolved. Many thanks for your help, i really appreciate

You could start to make an application for contact but that will cost.

Better to just leave her to it. No contact will be really affecting her right now. It is your weapon.

i know it is hard now but you cannot live in a house where everytime she can't have what she wants the police are called and you are put out of the house.

Customer: replied 8 days ago.
Do you think by December, it will be resolved?

I suppose it could be by then.

but don't contact her. She will be struggling with that.

Customer: replied 8 days ago.
Will they allow me to go to hospital to see my son?

It may be resolved by then. It depends really on whether you are charged and whether you are having a trial.

If you are still under investigation by then then you should be charged and you could make an application to the court to vary your bail to allow you to visit.

Customer: replied 8 days ago.
What could be the consequences? As far as i heard from my friend, she contacted the police and asked for drop charge. She contacted by health visitor from social services. The lady knew me very well and surprised and didn't want to believe. My wife is regretting now and told her to write to police that she wants be back

Yes, but they won't just let her drop the charges. They may summons her.

Of course she is regretting it. she just wanted to control you for a short time.

but you need to make sure that she can't.

Customer: replied 8 days ago.
what could be the consequences

Well she could be summonsed. She won't like that. She would be without you for much longer than she thought.

She will be suffering, don't you worry. You just leave her to it.

Customer: replied 8 days ago.
My family (even me) want to consider her and reunite.

Oh yes, and you can do that if you want to at some point.

But this particular episode needs to be so hard for her that she will never do it again.

You are entitled to have the freedom to have arguments without waiting for her to call the police. All families row. Only a small minority of women call the police to control their partners.

Customer: replied 8 days ago.
What's the best thing she can do without putting her and me in to trouble to resolve this asap?

There isn't really a way of doing that.

If they summons her and she doesn't attend she could be prosecuted. That would be quite good in the long run but that won't happen.

Customer: replied 8 days ago.
If i get charged, what could be the consequences for me, maximum and minimum please based on your experience

It depends on the allegation but I suppose it was a common assault.

It would be a community order.

Customer: replied 8 days ago.
We had an argument because downstairs tenant broke my son tablet. My wife was very angry and wanted me to go and fight with them which i refused. That's why she became more aggressive and start screaming and shouting saying i have affair with the downstairs lady otherwise i would have gone and fight. Middle of argument i told her to leave the house. She tried to snatch my son and about to leave. I stopped her, she started hitting me on the neck twice. I hold her neck to push her back, she still hitting me and ripped my t-shirt. I hold her hand to sit her down, she punched me on left side of my face, then i slapped her in self defence. She wore glass, that's why she bleed few drops from the corner of her left eyelid. She took all her belongings and get ready to go hospital. We went together. The hospital receptionist told her to call 999. She rang and accused me of the incident that i tried to strangle her and hit her. Police came and arrested me, put into custody.
I told everything as true, didn't lie to police. Doctor examined me in police station and found nail scratches all over my chest and neck and left hand cheek bone swollen. They found two spot on her neck on same side and left eyelid cut mark.
I received conditional bail while they are investigating. My wife is four months pregnant and i have one four years old son. My wife is aggressive since last month about the downstairs people and housing issue. Three weeks prior to the incident, i sent email to the local councillors raising the issue, and mentioned my wife aggression.
Now, my wife regrets and want to withdraw her support from the case but fear whether she will be in trouble. What we can do? I can't contact her, neither she. I can't go to my house either. What should we do?She alleged i hold her neck and slapped

You probably should have made a no comment interview.

Just do nothing now. Just wait and let the Crown try to get her to court.

I'm happy to continue with this but please rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 74263
Experience: Over 5 years in practice
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