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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2076
Experience:  Owner at James Bruce Solicitors
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Can I due my husband for assault, West Midlands uk, He was

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Can I due my husband for assault
JA: Where are you? It matters because laws vary by location.
Customer: West Midlands uk
JA: What steps have you taken so far?
Customer: He was arrested Sunday and I made a statement to police I have not pressed charges as I don't want him to loose his job but I do want compansation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husband owns property we live in I will walk away with nothing

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

I will explain the process that takes place.
Members of the public do not press charges, they have no power to do so. What happens is that you make a complaint to police of an assault. Once you have done that you become the victim and also a witness for the prosecution.

The police will investigate your compliant. In this case, they arrested your husband on suspicion of assault.

What happens next, depends on what he said in police interview. If he admitted the assault, he could have been given a caution, but likewise, he could also be charged with the assault.
If he denied the assault or refused to answer questions, then depending on the seriousness of the allegation and what you said when you made your compliant, he could be charged to appear in court for the assault.

It would be treated as a domestic violence assault that the Police, CPS and courts treat seriously. The decision whether to charge to court following a domestic assault is not up to the victim, but a decision the CPS would make.

The reason for this is to give the victims of domestic violence protection. Often they report the matter to police then feel guilty for doing so.

You do have the right however to contact the police and inform them that you wish to make a retraction statement. The police are duty bound to take this from you.

It does not mean that the case or charge would go away. If the CPS want to continue, they can do so using your first statement as their main evidence along with what ever your husband said in interview.

Customer: replied 7 days ago.
Thankyou that makes sense I heard today that I maybe eligible for legal aid as I have no funds They are ringing me tomorow so I will wait for their reply thankyou

In regards ***** ***** assault, you would not obtain legal aid, as criminal legal aid is only for the person committing the offence. You would actually be represented by the CPS.

you May be eligible for family legal aid if you actually need to seek a non molestation order.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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