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Common Assault

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EvianBaby | 09:38 Tue 31st Jan 2012 | Criminal
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I've had a look around some of the other questions previously posted about this but I'm getting a bit lost. Can someone answer some questions for me please.

If a man is charged with common assault against his spouse what is the likely outcome and could any of the following factors make any difference to that?

- it is extremely likely (minor injuries seem to concur) that the violence was two sided.
- Both parties were drunk and provoked.
- The victim has (likely) exaggerated what took place. Police agree no injuries to match some accusations.
- Two young children were witness to it.
- The victim has previously been cautioned for similar behaviour towards the accused.

Does the victim have any say on whether charges can be dropped or would police procede regardless?

What is a likely sentence/punishment for the accused?
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Question Author
By the way, I am neither party.
The police/CPS decide if they precede. They could decide not to go ahead

Common assault is quite minor. He/she might get a fine.
Question Author
Thanks Ummmm.

Do you know anything about the involvement of social services? I'm assuming they would want to look into things at some stage?
I don't know. How often does this happen?

Social services can't get involved with every family that has an argument.
Question Author
The is the second incident that we know of but likely that there have been more. The first one was her hitting him.

I had just sort of assumed that SS would be interested in a domestic violence situation where there are children present and seeing it. I don't really know anything about these things.

The accused has been told he isn't allowed contact with the victim who has now moved in with me (and the kids) which is about 100 miles away but I know I'm not getting the full story.
It's really hard to say. The police might consider it too minor to involve SS.

A friend of mine had to get a panic alarm put in her house. Social services were never informed.
Question Author
OK, thanks. Minds put at rest a bit. I had visions of all sorts of things.

I'm more concerned about what the repurcussions (sp) would be for him if he had a conviction for something. I know that sounds bad as he hit her (which I certainly don't think is ok) but I know it's very much been the other way around previously.
Are they always drunk when these incidents happen?
Question Author
Yeah, I think so. Myself and others have tried telling them before it obviously doesn't sink in.
I don't suppose they go out for a few drinks with the intention of having a scrap when they get back.

Some people and alcohol are not a good mix.
Question Author
No but they know what happens when they get drunk together as it's happened so many times (I only know the police have been invovled twice).

But they are adults and can make their own choices. I just wish the children didn't have to be there to see it all.
it is likely that SS and health visitors/ schools/nurseries will be contacted by the way, im in a similar situationoung kids (i was assaulted in front of my 2 young kids) and 3 months on i have been contacted by health visitor and social work within days of each other.

punishment/ sentence is likely to be community service and possibly anger management type thing but that is just a guess- each case is different depends if the accused has criminal past etc etc, i hope this helped !

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