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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4783
Experience:  Owner at James Bruce Solicitors
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I have a question about domestic abuse. My ex partner

Customer Question

I have a question about domestic abuse. My ex partner Currently on bail
JA: Where are you? It matters because laws vary by location.
Customer: Melton mowbray Leicestershire
JA: What steps have you taken so far?
Customer: He's been for a voluntary interview under caution and now arrested for harassment and released on bail
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've also been through financial and emotional abuse and manipulation. My ex is a narcissist
Submitted: 19 days ago.
Category: Law
Expert:  james bruce replied 19 days ago.

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.

Customer: replied 19 days ago.
I have been informed today that an injury he caused on December 6th of this year he can not be charged as they only have 6 months from the date? The question I'd like to ask is that surely then they have until the 6th of June. Is that correct?
Customer: replied 19 days ago.
I don't have the funds right now so if its OK to talk online I'd appreciate that. Thank you
Expert:  james bruce replied 19 days ago.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.
The police can still investigate an assault  from December if there is evidence of it.

However, if evidence is very weak or non existent then they will not waist time on something that is going nowhere.

They have now arrested the person for other matters. So it is likely he will be charged in due course.

Customer: replied 19 days ago.
I have photographic evidence and had too attend hospital. And I have a neighbour who heard everything and messaged me at the time of the incident. He was only arrested for not adhering to his caution conditions from his voluntary interview. His phone has been seized and I have other photographic evidence of another injury from March this year which they say they can use as its within the 6months period. However the first injury in December has caused a permanent mark. Which was the worst, had a massive haematoma and bruising covering all my forearm that took 3 months too heal. So the evidence is there. So I can't understand why when I reported it on may 13th that there now telling me the 6months is up but that doesn't end till 6th of June
Customer: replied 19 days ago.
13th May sorry this year
Expert:  james bruce replied 19 days ago.

If you were assaulted they can still investigate the matter. You,need to return and complain to a senior officer and demand to make a formal statement of assault. Take you evidence with you.

Customer: replied 19 days ago.
Thank you for help. I very much appreciate it.
Expert:  james bruce replied 19 days ago.

If the assault was common assault, then there is a time limit for that, but if the assault is ABH then there is no time limit.

Customer: replied 19 days ago.
Whats the difference between them ?
Customer: replied 19 days ago.
The first incident he pushed me causing me to fall back on my arm and the second he grabbed me causing bruising on my shoulder which went down to my armpit
Expert:  james bruce replied 19 days ago.

Those injuries would be more common assault rather than ABH. Sorry.

cuts, broken arm etc would be ABH.

Expert:  james bruce replied 19 days ago.

A bruise can be ABH but that is a matter the the CPS to decide if charging a person.

Customer: replied 19 days ago.
That's OK, quite nasty injury though.
Expert:  james bruce replied 19 days ago.

I would say that is more than push which would be common assault. That could be ABH, but the decision is that of the CPS.

Anyway, return to the police and demand that they take your formal statement of assault and show the evidence, also confirm that you went to hospital. They can obtain medical record, then they can investigate and pass matter to CPS for a decision.

Expert:  james bruce replied 19 days ago.

can I assist or clarify further?

Customer: replied 19 days ago.
He's denied that he's done this and I lied and made a story saying I slipped on ice but told different stories, but have a neighbour who heard everything and even messaged me at the time. I also told a friend back in march but she doesn't want to get involved as she's had problems with his family. Can she be kept anonymous if she was too do a statement. Luckily I kept all my messages and told the police if I'm not telling the truth I can't remember that's why I told two different stories. I was frightened if I said what he'd done , because he also made threats to kill . Called me awful names and tried to manipulate me into unwanted sex. My friend reported me to the doctors as I lost so much weight through depression . Everyone knew he was abusing me as I changed drastically but I just defend ed him which doesn't look good. Until I had the courage to tell him to leave. He now has a solicitor and had denied everything but I know he has a history from another relationship and a no contact order. I just want him to be charged but because I made excuses doesn't look good for me.
Expert:  james bruce replied 19 days ago.

If you have already lied to the police about how it happened, then they are very unlikely to proceed further. You account would be torn to pieces by any good defence lawyer in court. They would totally discredit you and you account, telling the court that you have already lied to the police once, and your account now is simply a continuation.

The best advice now, is to move on. Put it down to a bad relationship that you are now out of. He has been arrested since and could still end up in court on those charges.

Customer: replied 19 days ago.
No I've not lied to the police I've told them the truth. I lied to friends and family. I reported him to the police and have told them the truth about everything.
Expert:  james bruce replied 19 days ago.

understood. Then follow the previous advice and insist the police investigate.

Customer: replied 19 days ago.
Thank you for your help
Expert:  james bruce replied 19 days ago.

your very welcome.

Good luck and stay safe.

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.