abh - domestic violence -

[H3LP]

I have recently been charged with Sec47 ABH on my partner after an argument over accusations of cheating, where she answered my phone at 2am to drunk friends (Men and Women) asking me to come to a party. I was asleep an she woke me from my sleep with a few slaps. I woke and an argument took place where I decided to leave the property because my partner was hysterical, slapping and hitting me (No marks on my body). Whilst putting shoes on she ran at me screaming all kinds of stuff (don't remember exactly what was said), I raised my arms (shoe still in hand) in defence (as I was bend down putting shoes on) to deflected her advances at which point she fell over the small camping bed and hit her head on the wall. I tried again to leave the house not to cause any further aggravation, she then grabbed at my keys trying to stop me opening the door, after a short struggle I managed to pull my keys away and scratched her neck with the key in the process. We both calmed down and I put frozen peas on her bruised head(also in her statement) we both went back to bed, she woke up with headache about 3hrs later and called her brother to take her to A&E on the advice of NHS direct, he then phoned the police, so my partner did not make the call She made a statement that I hit her several times with my shoe and threatened her with my keys , she has since wrote me a letter saying she had to say those things so she didn't get into trouble and arrested, as she seen me getting arrested and didn't want to get into trouble for her part in this mess. I made no comment to all questions during interview as I said to the duty solicitor I do not remember that happening. She has since withdrawn statement, and has said she will not attend court, however the matter has been passed to Crown court due to the fact my shoe and key are being classed as a weapon. I have no previous convictions Looking for some advice.

[Glidr]

You really should have just told the truth, you now could have a possible violence charge on your record. Believe me, I'm speaking from experience you don't want that following you around for the next 7 years, also eve worse as it is seen as violence against a women.

To be honest you need to ring a solicitor and tell the truth and go from there, regardless of anything, if you partner truly loved you she would have not accused you of this sh*t and allowed her brother to think you had assaulted her.

[paraffin]

Your version of this is a wee bit confusing. Sounds as though you're still pretty emotional about what happened that night. A few questions:

1. How soon is your Court date? Is it Crown Court or Magistrate's Court you have to attend? These details will be on your copy of the charge sheet .
2. Was either of you drunk at the time?
3. Is it your word against hers or did anyone else witness the incident?
4. What advice were you given by the duty Solicitor after your arrest and interview at the Police Station?
5. Have you kept that letter you say she wrote to you?
6. Are the two of you back together?

[H3LP]

Hi Paraffin - Yes all emotions running at the min.

Answers to question
1 - Im back in Magistrate's on April 8th for commital papers to Crown.
2 - I had been drinking 5 cans of larger.
3- no witness to this mess (only the dog)
4- i was in such a state (emotion) i was told to make no comment.
5 - i have the letter and several texts
6- Bail conditions say i cant go home so we are not together, but she has text me saying she wants me back the day this mess is sorted. . .we would of had our 4 year annaversary this saturday! AHH !
with everything in the press at the moment i am really worried that i am going to be made an example of.......

[paraffin]

H3LP: Only just logged on. Thanks for that.


The main thing which governs any prosecution brought by the Crown Prosecution Service (CPS) is that, because they are funded by public money, they have to ensure that what they prosecute is "in the public interest." Unless that can be justified it would be rare indeed for a prosecution to go ahead.

Now, I don't want to raise your hopes too much, however, if your (ex)partner has not only withdrawn her complaint, but also wants to get back together with you, then in my experience of these matters, and I have had experience over many years, it seems to me that it could ultimately be discontinued.

I hasten to add, however, that such decisions are matters for the CPS and the Court.

Make sure that your Solicitor is aware that your (ex)partner is withdrawing her complaint and also ensure that she has in fact made a written statement of retraction of her complaint to the Police.

It's very important for you NOT to contact her directly. Sounds to me like your Bail conditions probably say something to that effect? Which means that if you are found to have made contact with her, YOU risk being re-arrested for breaching those conditions.

I realise how difficult it may be for you NOT to try to contact her, especially as you're not due back in Court for nearly a month, but you must direct anything and everything through your Solicitor, including her letter to you. That way, you can't be accused of stepping out of line again while you're on Bail.

Best of luck!

[uno.who]

Take advice from and get represented by a solicitor. If the CPS press ahead with this then ensure you plead not guilty. A special defence of "self defence" sounds like it may be applicable but if she's withdrawn her statement there really should be no case to answer. However, in the long term .... can you trust someone who's willing to lie to the police knowing it would result in you going to jail ?

[H3LP]

Update: Had commital hearing for Crown adjourned for 2weeks? CPS have not put paper work through... My GF has withdrawn statement and refuses to attend court as prosecution witness. . i am lost as to why they would adjourn?? is this a good or bad thing? ? The police say they want to send a specialist in domestic violence to see her, to check she has not been harassed to drop charges..she has told them 3 times including a letter from her solicitor that no pressure has been put on her and is now saying the police are pressuring her to give evedence.. Lost - Alone