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ReadyLaw
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Category: Law
Satisfied Customers: 1194
Experience:  Adjunct Lecturer at University of Technology
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I have recently been involved in a domestic assault. I have

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I have recently been involved in a domestic assault. I have made a statement but I’ve had time to think and I have now withdrawn the statement. I want to make a personal statement to take to court to explain the help I believe the perpetrator needs as I believe he needs mental health help rather than prison.
JA: Where are you? It matters because laws vary by location.
Customer: United kingdom
JA: What steps have you taken so far?
Customer: I have tried to contact the perpetrators solicitor but as I am a whiteness against him they can not speak to me so they have advised I ask for independent solicitors help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I believe the perpetrator needs mental health and not imprisonment. He is registered Asperger’s and as a effect of this he struggles to talk about his feelings and the help he really needs. I have withdrawn my statement and I want to make one for the courts about, as the victim of the crime, what I think he needs on behalf of him.

Good day your question has been forwarded to me to see if I may be able to assist

Do you know when the matter will be going to court?

Customer: replied 14 days ago.
I don’t know. There is still an ongoing investigation so he has not been charged as of yet. But this is his second offence in domestic abuse but I need to get him the help he needs. The police are going to try and charge him even tho I’ve withdrawn my statement
Customer: replied 14 days ago.
I do not want to press charges and I do not want him to get charged with the offence, but the police are giving me no choice. They are doing it weather I support them or not
Customer: replied 14 days ago.
He also has bail conditions not to contact me but I want contact with him and to lift the bail conditions

Kindly give me a minute to read what you have written and type a response.

Customer: replied 14 days ago.
No problem

Thank you for your patience and the additional information.

You are correct, in that, the police can decide to proceed with charging him whether or not you decide to withdraw your statement. What you may do however, is give a statement outlining your concerns to the police and/or the prosecutor that will be presenting the case at court. Your statement would be brought to the court’s attention and may be considered in mitigation and/or the courts decision as to what sentence to impose. They may therefore on the strength of your statement decide to order that he is given the mental health treatment he requires.

I must highlight however that you contacting him whilst he has been ordered not to be in contact with you does not do him any favors. This could be interpreted as if he is ignoring an order to stay away from you. I would encourage you therefore to speak maybe through his family to find out what is happening with him. Avoid direct contact.

if the police does not accept your statement, you may find out through his family members when the matter will be before the court. You may attend that day and ask to speak with the prosecutor involved in the case. At that time you may express your concerns and your desire to give a statement.

I hope this helps. Do let me know if I may further assist. Kindly indicate whether you have accepted the answer given by clicking on the stars at the top of the page.

All the best

RL

 

 

 

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