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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12185
Experience:  30 years as a practising solicitor.
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I had an incident with my partner where the police were

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Hi I had an incident with my partner where the police were called and I made a complaint. This was 4 weeks ago and I have not spoken to my partner but I have heard that he has had a nervous breakdown and he is on a detox programme for alcohol addiction. Due to this and also the stress involved am I able to withdraw my complaint as I believe there is a duty of care here for my partner and due to the stress and worry involved I have had to go to my Doctors. Can this be withdrawn? I have heard that if I got a solicitor to write to the police and PF that this could be dropped. Is this the case?
Did your partner get charged and appear in court?
Customer: replied 2 years ago.
No - the police have yet to question him so no charge made and I don't know if they have enough to charge him but due to his mental state and in rehab for alcohol addiction and with my health - recovering from cancer - I would rather that my complaint was dropped as we are both stressed and I believe the police do have a duty of care. I haven't seen or spoken to my partner in 4 weeks and the relationship is over - I just want the above to be dropped.
In that case the PF isn't relevant unless a report has been made by the police. You can go to the police and ask them to take no further action on the basis that you have separated but don't want anything to happen that would further affect his health. The police may take a view and drop the case. If they have roots it to the PF his solicitor would have to get a letter from you and he would have to ask his solicitor to speak to the PF about dropping the case given the personal circumstances.
Whether the PF or the police, as the case may be, do so is entirely up to them. You have no right to ask for the charges to be dropped. It's entirely discretionary on their part.
I hope that helps. Please leave a positive feedback so that I am credited for my time.
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