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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Scots Law
Satisfied Customers: 35578
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Scots Law Question Here...
Clare is online now

My husband physically assaulted me today over a stupid

Customer Question

My husband physically assaulted me today over a stupid school placement for our son. He got out of control and smacked my head with open palms. I defended my self and called the police. Police toke him to custody and came back for my statement, I clearly mentioned in my statement that I don’t want to prescharge. An I would like my husband to come back to live with us .
The police called me back 4 hr later to tell me they are keeping my husband overnight and his being transfer to court the next morning. His being charged for assault.
What should I do to help as I love my husband and never want to go to court. ?
What should I be expecting?
Submitted: 1 year ago.
Category: Scots Law
Expert:  MARCUS Malin replied 1 year ago.

Hello, my name is*****

Do you know if you husband has admitted to the police what happened?

Thank you.

Customer: replied 1 year ago.
No am not in any communication with him
Expert:  MARCUS Malin replied 1 year ago.

Hello, if they have charged him it is likely he has admitted to something and it is that admission that they will rely on for evidence.

If he pleads guilty then he dealt with and allowed to return home. If he pleads not guilty then the matter will be adjourned and he will be mailed to remain away from you and the family home for the time being.

Sadly the above is guess work as you have been told little by the police.

Thank you.

Expert:  MARCUS Malin replied 1 year ago.

Hello,

Have you posted another question as regards ***** ***** being bailed to remain away from the Family Home?

Thank you.

Marcus.

Customer: replied 1 year ago.
I want to know what are my options please I don’t want him to be away from the family
Expert:  MARCUS Malin replied 1 year ago.

Hello,

Sadly you have few options. You just need to let the police know you want to withdraw your statement.

As I have said previously the CPS may still prosecute even if you withdraw your statement if there is still sufficient evidence as a matter of public policy and zero tolerance to domestic violence.

It really comes down to your husband. He could plead guilty and it will be over.

It will be of a concern to the CPS that by pleading not guilty he is not taking responsibility for his actions.

I am sorry I possibly cannot say what you would like to hear there is no easy answer as you are in the hands of others such as the CPS.

All you can do is withdraw your statement and make it clear that you will not give evidence against your husband. The CPS should then reciew the matter and may drop the charges - but only may. It will also depend whether you husband has previous for this type of behaviour. If not they could well drop charges. In fact if he admitted to something he may just receive a caution.

Thank you.

Marcus.b

Customer: replied 1 year ago.
Thanks you for a better explanation.
As off the first court appearance he plead not guilty.
What will be the consequences if he plead guiltily ?
The prosecutor told me on the phone I can withdraw my statement because it will be objections to justice. Is that true?
If I can do withdraw my statement what is the procedure pls ?
What is caution? And what do you mean admitted to something? Like what?
Kindly advise me Asp my children are asking questions and I don’t have an answer to were they are dad is .
Thanks
Expert:  MARCUS Malin replied 1 year ago.

Hello,

If he pleads guilty the punishment will depend on whether he has previous convictions and the severity of the assault upon you. It could be anything from a fine to a community sentence.

As regards ***** ***** statement you should discuss this with the police. As for what the prosecutor said you are not obstructing justice in the truest sense .It would be most unlikely that any action would be taken.

A caution is when someone admits to something and rather than being charged and having a conviction you just get a warning. However you must admit to something not everything alleged but just something I.e accept acted in way he should not have done so.

A caution is only appropriate if he has no convictions for similar offences.

Thank you.

Marcus.

Customer: replied 1 year ago.
Thanks am just so confused now don’t know what to do anymore I received a call from the police telling their is nothing I can ask them at point as the case is not with police any more but the prosecutor, the prosecutor said I can withdraw my statement. And the pres charge is not from me . And my husband I can speak to him to understand what he was told, what is your advice pls ?
His next hearing is in 5 weeks time is they any things I can do to stop the hearing pls ?
Expert:  MARCUS Malin replied 1 year ago.

Hello, just to confirm are the CPS saying you can or cannot withdraw yout statement?

Even if you do as I have previously said the CPS can still press charges so sadly it is somewhat out of your hands.

Does you husband have any previous convictions. Have you reported any previous assults?

Thank you.

Marcus.

Customer: replied 1 year ago.
the CpS said I can withdraw my statement. My husband doesn’t have any conviction, and I never reported any assault before,
What can I do pls
Customer: replied 1 year ago.
I forgot to mention they have involved social services I received a call for an appointment regarding the children were as the children was not even present. What is your advice pls I don’t want to break my family, or jeopardise my children future pls
Expert:  MARCUS Malin replied 1 year ago.

Hello,

Sadly there is nothing you can do other than withdraw your statement. Then you are in the hands of the CPS. As your husband has no previous then they could drop charges.

As for SS just co-operate. They will just want to make sure that this is not a regular occurrence so the children are not at risk.

Thank you.

Marcus.

Customer: replied 1 year ago.
Sorry I mint to say cps said I cannot withdraw my statement, so in conclusion you mean they is nothing I can do to stop the case before the 5 weeks hearing time they give him ?
That is really no right is it ?.
Expert:  MARCUS Malin replied 1 year ago.

Hello,

Sadly you are very much in the hands of the CPS. Usually though the CPS would not force you to give evidence against your husband. It may be worth trying to speak to them again.

Thank you .

Expert:  Clare replied 1 year ago.

My name is ***** ***** I shall do my best to help you.

Which part of theUIK are you in?

Customer: replied 1 year ago.
Hi Claire Am Anzi and I live in Aberdeen Scotland.
Thanks for trying to help can you read though what I said before or you would like me to explain it all again
Customer: replied 1 year ago.
Hi Claire are you still on my case or you just give up on my answer