How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ross Miller Your Own Question
Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2456
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
106205234
Type Your Law Question Here...
Ross Miller is online now

Currently I've had a recent case for DV open due to how my

Customer Question

Hello, my name is*****'ve had a recent case for DV open due to how my partner was. I want to drop the case, but due to how recent the case is it has been in a waiting list for investigation. Theres not much evidence. But i wish to close the case. He does have a past record of abuse from ex. I do wish to close the case since I am planning to move to northampton and out of london for a while.
JA: Where are you? It matters because laws vary by location.
Customer: London, Westminster I asked 101 earlier today to drop the case but they said I have to discuss with safeguarding who will contact me. I am worried as i dont want to pursue with this. Since the abuse for physical was some time ago like 1st August 2020 (strike to face) and abuse years ago when I was pregnant. He was a aggressive gamer addict and still smokes weed which can change his behaviour.
JA: What steps have you taken so far?
Customer: So I did a victim statement so far. Before I didnt want contact due to being advised by police that I shouldn't, I have been sofa surfing at my friends. I did say that its mostly verbal and controlling behaviour that I didnt like. But they say we can still live under same house, contact each other and so on.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That I just wish to drop the case. He hasn't been arrested.
Submitted: 23 days ago.
Category: Law
Customer: replied 23 days ago.
I mean he use to smoke weed
Expert:  Ross Miller replied 23 days ago.

Hello, thank you for choosing our service, I will be the expert assisting you with this matter today.

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time however, I will respond to your question today. I look forward to assisting you.

Thank you

Customer: replied 23 days ago.
Hello. Thank you for helping me.
Expert:  Ross Miller replied 23 days ago.

Hi Lauren. I am afraid this is not possible as the case ( although raised by you) is not yours to close. What happens is the police will send the charge to the Crime Prosecution Service (England) or the Procurator Fiscal (Scotland). They will then assess the case and make a decision as to whether to bring a charge/case against you. If they decide to bring a charge against you then you will receive a court date. You will have to appear in court and state if your plea is guilty or not guilty. If your plea is not guilty then a court date will be set for trial hearing. At this hearing the onus is on the prosecution to show that you committed the crime in question. You should instruct a defence solicitor to defend you in court no matter how severe the crime in question. I will provide you with a useful link to find a local solicitor. The burden of proof to prove a crime is very high and is what is called “beyond reasonable doubt”. This means that they onus is on the prosecution to show beyond a doubt that you are guilty of the crime. If they fail to do this then you will not be found guilty. In Scotland, you can also be found “not proven” which is still an acquittal (not guilty verdict). I will provide you with a helpful link which will allow your to find a solicitor near you local area who will be able to assist you with this matter.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

If you require any help moving forward on this matter in the future, please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

Customer: replied 23 days ago.
It's not me. I'm the victim, he is seen as the abuser.
Customer: replied 23 days ago.
Sorry for not being clear, so the case is against him not me.
Expert:  Ross Miller replied 23 days ago.

I understand that I was just explaining how the system works. The matter is with the police and the CPS they are the only ones who can drop any charges sadly you do not have power to stop the action against him.

Customer: replied 23 days ago.
But is there a way, in court I can plea that I dont want charges etc?
Customer: replied 23 days ago.
I'm confused because 101 told me the safeguarding team have just received my reports.
Expert:  Ross Miller replied 23 days ago.

No as you are not bringing any charges the police and the CPS are. However, when approached to give evidence you can state that you are changing your statement on the matter, however untimely, it is up to the CPS or the police to decide if the matter will be dropped or not.

Customer: replied 23 days ago.
basically I have no say. I'm worried as he has a past charge for abuse. Could he potentially go jail if charged guilty?
Customer: replied 23 days ago.
They made me do a victim statement yesterday. Is that for the court?
Expert:  Ross Miller replied 23 days ago.

Without knowing his record etc. then it would be impossible for me to say. If someone has a long history of offences then a custodial sentence is possible however, this is certainly not to say that is what would happen. The best thing you can do for him would be to look at instructing a solicitor.

Customer: replied 23 days ago.
He has a charge for spitting on her face due to self defense because she attacked him. Instead the court was in her favour.
Expert:  Ross Miller replied 23 days ago.

As I said, I would not be able to comment on what will happen I am afraid.

Customer: replied 23 days ago.
Okay. Thank you for your help .
Expert:  Ross Miller replied 23 days ago.

You are welcome and I hope works out ok for you.