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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 4840
Experience:  Barrister at law
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Solicitor for domestic violence Assistant: Where is this? It

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Solicitor for domestic violence
Assistant: Where is this? It matters because laws vary by location.
Customer: U.K.
Assistant: What steps have been taken so far?
Customer: No
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

What is your question about this, please?

Customer: replied 9 days ago.
I want to withdraw my rape charges complaint from police as it’s getting too much in the way of child contact . He is due in court in March . I want to withdraw my case without getting into trouble myself ... pls advice

Hello - apologies for not being able to respond sooner.

Can you tell me why/ how this is getting in the way of child contact? Do you have a case in the family court as well as the criminal matter?

Customer: replied 9 days ago.
My child lives with him , court interim order . We gave a separate family court case involving my affair with sumone . Anyway, I wish to withdraw my court case but want to make sure it wont back fire on me .

OK. The first thing is that the criminal case should not impact on the family case - your child's best interests in terms of living and contact arrangements are a separate issue from the domestic abuse.

In terms of whether you want to withdraw the criminal matter - you are free to let the CPS know that you do not want to support the prosecution - they may still decide to proceed with the case but that is their call. But they aren't as likely to get a conviction without your support, obviously.

I would question the wisdom for withdrawing though. Any difficulties you are going through are as a result of what you have suffered, not the fact you have reported the issue to the police. I also fear that it may undermine your credibility in the family court. That's just my view though.

Customer: replied 9 days ago.
I want to put on grounds of religious beliefs .i am Christian Baptist . Will it help me . I dont want him to go to jail . I did it because I wanted custody of my daughter

OK, I'm really not clear - are you saying you fabricated allegations to gain custody of your daughter?

Customer: replied 9 days ago.
No it was rape but it happened just once when I was drunk . And he’s sorry , been on DV course . I just want to withdraw the case

Ultimately this is your choice. No lawyer can force you to pursue a rape complaint if you decide you can't or won't go through with it.

Customer: replied 9 days ago.
Ok , will I get prosecuted if I withdraw my case ..

I don't think so. Deciding you cannot go through with this is very different from perverting the course of justice, which would be if you had fabricated the facts.

Customer: replied 9 days ago.
Can I use religion as a reason to

I don't see that religion either helps or hinders.

Customer: replied 9 days ago.
I don’t want his lawyer to come after me with vengeance. What grounds can I use to protect myself

I can't advise on speculative grounds, I can only advise that you be honest.

Customer: replied 9 days ago.
Ok

I do hope this has helped.

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

 

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