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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 1141
Experience:  Owner at James Bruce Solicitors
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I am a victim of domestic violence. I made a complaint to

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Hi
JA: Hello. How can I help?
Customer: i am a victim of domestic violence. I made a complaint to police that my husband is making me do some sex acts and also selling drugs in the house. I took both my kids and left him. Police has put bail condition. My question is what if I try to make contact will I be also arrested or charged even if I am the victim? I haven’t given any statement.
JA: Does he have any upcoming court dates on the domestic abuse charges?
Customer: I haven’t given statement I haven’t charged him with my case.
JA: Where did the domestic abuse occur?
Customer: in the marriage home
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he can not contact me and I have two kids and after few days living without him my kids really miss him and me too. I wanted to speak to him if he will change or not. Thank you. I’m in a temporary accommodation at the moment and in two months council will move me to a permanent accommodation.

Hello I will assist today.

Under the law, there is nothing to stop you making contact with him. There are no conditions on you not to have contact with him. However, if you do contact him and he speaks to you, he will be in breach of his bail, and could be re-arrested.

Police can normally keep him on police bail for up to 28 days

Customer: replied 16 days ago.
the bail is for 28 days. Because I mentioned drugs selling they’ve taken his phone for evidence and put bail condition in place directly or indirectly no contact for 28 days. What if I ring police station and drop the case and drop the bail condition is that possible?
Customer: replied 16 days ago.
Sorry can we carry on typing?
Customer: replied 16 days ago.
I didn’t realise I only had little money left in my account.
Customer: replied 16 days ago.
How much is it for a phone call

Of course we can talk here. The call offer is sent automatically by Just answer, not from me.

Customer: replied 16 days ago.
No worries
Customer: replied 16 days ago.
What if I call police station tomorrow and say I don’t want to press charges will the case and bail be taken away?
Customer: replied 16 days ago.
Hi. Are you still there??? Waiting for answer please. Thanks

Taking the phone form him is normal

You can contact the police and withdraw your complaint. But that will not make it go away. The police will still continue the investigation. You donot have any say in whether the matter continues or not, that is a mistake many people make. They think they can call the police make a complaint then drop it. Once a compliant has been made by you. That’s it. Police take over. As you have suggested that he is dealing drugs they will continue.

Customer: replied 16 days ago.
that means I can’t go home until 28 days? Because of the bail in place? Or can they continue with their investigation and I take my case back and go back home with him?
Customer: replied 16 days ago.
Or it’s not possible for 28 days now? I’m really worried my kids and me we all miss our family home.

If you return home then he will have to leave, if he does not, he wil be arrested

Customer: replied 16 days ago.
I’d rather he goes away because it’s getting really difficult with both kids not being in the house and why do I have to leave the house? He should be the one. I’ve got two little kids with me. How can I make this happen please let me know. I want go take my kids back home and he can stay with his friend for a while. Do I need to speak to police regarding this or I can just go home?
Customer: replied 16 days ago.
The house is under his name though. We’ve been married since 2013 March. We have a mortgage togather on house under joint name but my name isn’t on any deeds. Is it still possible to go back home and he can’t kick me out?

It is the family home so you can return. That is up to you. As you are on the mortgage you still have rights.

Customer: replied 16 days ago.
My two step kids 22 years and 25 years they still live in the house with us. Will they still be living there?
Customer: replied 16 days ago.
Or do they have to leave the house too

I would not know if they will be there. Nothing you could do about that

Customer: replied 16 days ago.
If I apply for Set DV visa under victim of domestic violence and get my kids custody do I need to press the charges or I can just leave it.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid, I won’t be paid by Justanswer for my time if there is no rating left for me.

james bruce and other Law Specialists are ready to help you

You donot have any choice as to whether charges are pressed. That decision is with the Crown Prosecution Service, not you. All you do is make a complaint. After that, you have no say whether it goes on or not.

Customer: replied 16 days ago.
Will it be right thing to contact police and ask for the update on this case and discuss with them what I just discussed with you. I tried to ring them twice earlier but the PC who is handling case isn’t there until Thursday.
Customer: replied 16 days ago.
I asked the social worker said don’t take your case back because then bail condition will be lifted at the same time. So that isn’t true. It stays there for 28 days no matter what.?

Calling the police would make no difference, specially with the officer in charge way.
The police have upto 28 days to investigate. At the end of that, they could cancel bail or charge him with an offence.

Customer: replied 16 days ago.
Thank you so much for your help. Will I be able to ask you few questions tomorrow if I have any? You’ve been great thanks a lot. Xx

Of course you can,

Customer: replied 16 days ago.
Thanks a lot for your help. Xxx