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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80420
Experience:  Over 5 years in practice
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I need my partners bail dropping, i have contacted police

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I need my partners bail dropping
JA: What steps have you taken? Have you filed any papers in family court?
Customer: i have contacted police and cps, but to no avail
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Lincolnshire yorkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my main aim is to get my partners bail restrictions dropped as soon as possible

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

can you give me all the background to this matter please

Customer: replied 1 year ago.
My partner was arrested on 20th May. I called the police, but only wanted him removed from the house. We had an argument over the dog being in the house, and as I went to get the dog, I went into his foot. The police had taken this matter way too far, because I am pregnant with my partners child. I am not fearful of my partner and we never have arguments like this. My anxiety played on my mind too much and made me feel it was a bigger deal than it was. I called the police a day later to try and get his bail dropped and I have retracted any statements, etc. I have been ignored, passed around and lied to by police. Now two weeks later, I can’t take it anymore. I’m not coping without my partner and I need him home. His restrictions mean he cannnot attend my address of contact me in any way.

Thanks for the information.

Can you give me 20 mins to dictate an answer.

Customer: replied 1 year ago.
The police are refusing to drop the bail restrictions, and tried to blame CPS for the reason behind it. I had contacted CPS myself, who told me that the case was at a stand still because of lack of information provided by police. CPS can not remove my partners bail as it was given by police. I contacted police again who refused to remove the conditions

Thanks for the information and the time.

I am sorry but I cannot give yougood news then. I’m afraid you are in difficulty here.

I’m afraid they can be very heavyhanded now. It is not really in thepublic interest in my view.

They will almostcertainly summons you if you are not already. Their current policy is to summons reluctant witnesses.

If you attend courtand resile from your statement they will just put your original statement toyou hearsay

The only realoption is to stay away although they may try to introduce your statementhearsay but it is weaker then. Butequally they may get a summons and arrest you on a witness warrant.

You do have theoption of attending court and answering every question with the words “nocomment”. You are not a hostile witnessthen so they can’t use your evidence hearsay.

As to the issue of bail, he can always make an application to vary his bail conditions so he can have contact with you.

I'm sorry this isn't the answer you wanted but it is the position thatyou face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 1 year ago.
How can I get my partners bail conditions dropped? They are so he cannot contact me, and cannot attend my address..

He needs to make an application to the court that imposed them on him.

You can then give evidence in support of that application.

You can also pleaded with the police although that is probably not going to get anywhere given to their reactions so far.

Customer: replied 1 year ago.
Does does he have to make a application to the court even though it was the police who imposed them?

If this is police bail then he can still appeal it to the magistrates court.

You can appeal to the police but the reality is that they will probably refuse given what they have said so far!

They are very unreasonable.

Customer: replied 1 year ago.
I have contacted a solicitor happy to take things further and request bail changes. How long does this usually take?

The initial application can be made very quickly. Within a week usually.

Customer: replied 1 year ago.
Thank you. Is there a timeline as to how long the whole process takes?

If they won't drop the entire case that could go on for many months at the moment. We still don't know when trials will resume.

It is not likely to be quick though.

The only power they have is to eek things out I'm afraid.

Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
How long for the bail conditions to be dropped, sorry? A timeline From the application being made, to bail conditions to be dropped

if you have the bail conditions remove then they are unlikley to be reimposed throughout the case.

Fresh judges can reconsider but they don't usually get worse unless there are breaches or further offences or the like.

Customer: replied 1 year ago.
Ok. The main thing is that the bail conditions are dropped altogether. I and my kids needs to be able to contact my partner, and we need him hime

Yes, I understand.

That is the main power they have.

All the best with it.