Common Assault again!!

[confused]

My ex & I had arguement which resulted in him punching and pushing me, putting me in head lock and holding a knife to my throat. He has been charged with common assault as the markings from the knife didnt show up on soco photos!

He has previous conviction of assault on me and has previous allegations but not convictions of domestic violence assault.

I am wondering what he is looking at sentencing? Can i have injunction against him? Although i want him to see our children i am concerned about his anger can i have restrictions put in place?

Thanks

[northernmonkey]

Is a enviroment you need to do all possible things to keep yourself safe and don't understand why not been suggested to you but yes ring police to get Injuction order ASAP and once your domestic violence invovling police is used in court for ensuring this scumbag gets a custodial sentence for the assault on you will be not more than 12 months and that is dependant on Judge, but if asked for conditions to include no contacting u ect when outta prison chances are strong judge will approve. But until then you can get restraining order and he can risk going on remand if arrested for any breach ie in your area ect

[sunsetter]

Hi Confused,
if a knife was used then he will do at least a year as he should, if its 3rd time he's been up could be much more especially if he pleads not guilty. has he been remanded ? or on bail?

[confused]

Hi
thanks for your replies!
He is on bail at moment with conditions not to contact me etc.
Is a custodial sentence really likely?
Im not sure where the knife issue stands because although it is in my statement and the police officer saw the marks that nite there was no lasting marks to show on soco photos and he is completely dening it hence him only being charged with common assault unfortunatly!
At court next week to set date for trial - do you think it will be magistrates or crown court?

[sunsetter]

if you think about it what are the police cracking down on? knife crime and domestic violence he has done both and by sounds of it not for the first time.yes he will go down. the court will always take the womens side as they have to protect women as this happens all the time but not usually with knives. knives take it into a different league altogether. if he denies it he will get much longer. Have they taken the knife away for testing? If he pleads not guilty he may ask for it to go to crown court but then if found guilty he will wish he had not.Unless he can prove he did nothing he will be found guilty and you will be free of him for quite some time hopefully.
Good luck

[sunsetter]

Just one other thing didn't they take any pictures when there was marks there as normally they would?

[confused]

Thanks again for your reply.
I had medical and pictures took the next day - there was a slight mark but nothing major, but the police officer that came the night it happend saw the marks and reported it in my statement and his report. They took the knife away and bagged it as soon as they arrived, but ex has said in interview 'she done it to herself coz she's is nuts you know that' - this is because i was in hospital 4 weeks ago for depression & anxiety and put on anti depresents.

[sunsetter]

Who will they believe a 3 times wife beater or a police officer? plus there was some sort of mark there in the photo. If they also get prints off kn
You should have nothing to worry about

[confused]

Its not that that im worried about its whens its all over regardless of what he ends up getting at some point we will face each other again - we have kids together and i want him to see them, i know he loves them and dont think he would do anything to hurt them but im just worried about me and him having contact in future and the kids being safe and happy!
I want him to get help anger management and mental health assesment in my opionion its what he needs but i guess time will tell what will happen.

Do you think i will have to give evidence or will my statement be enough?

[sunsetter]

If he takes it to crown you will be called to give evidence

[confused]

Thanks for your help sunsetter - i guess i will just have to wait and see and face it when and if it happens!
Take care x

[trt]

Why the hell are you concerned about this bloke, hes an animal, get rid of him?

[sunsetter]

I think that is what she is trying to do but they have kids together and is worried about the fallout after all this is done and dusted

[confused]

I am trying to get my life back on track and yes i know i have to be strong and keep him away but its not that easy - im not very strong at the moment!
Yes i hate him for what he has done but he was the love of my life and is the father of my children. My concerns are the happiness and saftey of my children and the long term effects the whole situation has on us all!

[dh001]

Hi confused, common assault is a summary only offence which means the case remains in Magistrates Court.

[confused]

dh001 - what do you mean by it is a summary only offence?
What does this mean in terms of his sentence etc
Sorry to sound dumb just bit confused by it all!

Thanks

[dh001]

Hi confused, its not a dumb question. Some criminal offences can only be heard in Magistrates Court, some in either in Mags or Crown and some only in Crown Court. (I wont bore you).

Common assault is a summary only offence and can only be heard and tried in Magistrates Court. The maximum custodial sentence for a summary only offence is 6 months.

P.s are you receiving advice and help from Victim Support?

[cherrychapstick]

Hi confused ,i really don't know how to put this but where were the children when he assaulted you? any of the times?

[Garmard]

My daughter is a police officer but unfortunately she is on duty this evening so i cannot ask her, but i believe up to 2 years or a community order or fine or prison/fine. At best you will be given compensation and may i suggest you get well away from him while this is going through the law process.

[confused]

Thanks again for your help, my head is so mashed at the moment.
No im not getting any help or advice from anyone police not very informative and victim support just said they were sending letter with their details on (which ive not recieved!) - just got social services checking up on me and mental health team to make sure 'im keeping myself safe'

Im bit confused coz some people are saying because he is pleading not guilty it could go to crown court as its not his 1st offence! Is this not the case?

[Garmard]

Because of the severity of the crime and the fact that he has commited more than one offence it may go to the Crown Court which could indicate a lengthy sentence.