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My Sons G/f Is Taking Him To Court On False Charges Of Assault

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jeanjean99 | 18:45 Fri 12th Jul 2013 | Law
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he has been told not to contact her but they have never split up and she wont stay away, what can I do? please help he may go away for this and has done nothing.
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Have a read of this Jean Withdrawals in Domestic Violence cases: http://www.cps.gov.uk/legal/d_to_g/domestic_violence_aide-memoire/#a24
21:55 Fri 12th Jul 2013
When you state he has been told not to contact her, I assume your son has conditional bail not to contact GF?. (see the charge sheet).
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yes that is right but as I say they have never parted, im at my wits end.I am not supposed to know they are still together.
He needs to contact the police and explain this asap, or face arrest for breach of bail (remanded in cells overnight / weekend for first court hearing). I take it this is not an option though?.
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Unfortunately no, he doesn't want to get her into trouble, he is such a monster! he cant see the seriousness because she is telling him it will be ok because she rang police to tell them he didnt do it. Would it help if I told his solicitor in confidence?. Sorry to go on.
Would it be possible to go and have a stern talk to them both, explaining to her that if she did make a mistake what she told the police then
damn.

(Jean, i got to rush out but will be back in an hour sorry)
Question Author
lol ok Thank You take care
Sorry about that Jean.

Ok, just for info, your son is is the one who is subject to the bail condition, not her so technically he is liable for committing the bail offence.

If she wants to be with him then she may be telling the truth that she has contacted the police but if she informed them that he didn't do it then she is technically liable for committing one or more offence. withdrawing a complaint in domestic violence cases is not straightforward. Firstly, do you know what the police have said to her?.

I appreciate this is an awkward situation, but the best advice is for them to remain apart until until the police act on the new information disclosed to them by the GF.

If the GF claims 'he didn't do it', then she could be liable for committing one or offence. The fact that he has been charged makes it slightly more complicated but now is the time for her to act before it gets really messy.

Is there no way you can talk to your son and get him to talk to his solicitor (and ASAP), or find out whether there have been any developments?.

(sorry for the delay).


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He was not arrested at time, police came to my house where he live with me and asked to talk to him, he was out for the weekend, next time they called later that day there was 8 cars in total 2 officers standing across road, I didnt have a clue what was going on. when he returned home late sunday evening I told him police wanted to talk to him, so he went to police stn next morning, he was then arrested. this is when his g.f wa saying she was ringing to say he hadnt actually done anything. on his original bail sheet he was told to stay away from her and her fathers address, im not sure if he has complained or not? but on weds 10th 2 days ago her father was sent to prison for a year for perverting the course of justice and her brother for beating, so I dont know if this will help my son with his case. I am worried that if she gets in touch with police again they will think he put her up to it and make matters worse. I banned her from my home about a year ago because he was always getting scratched up by her and her temper, he has scars on his face, but I have caught them sneaking out sometimes, then its world war 3, ie disrespect and all that, but apparently he loves her. what do you think would be outcome if they were informed if she crept into my house again? This is a terrible situation as I love my son and dont want to go against him but he cant see what she is doing to him. sorry to go on, and Thank You so much.
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sorry was ranting there, he was only told yesterday he had to go to court when he turned up for his bail, it is on the 29th of this month, he had duty solicitor at stn which I told him to do, but think he will change on monday for a male solicitor, just seems that the lady one is looking down at my son, which I would do if I thought he had assaulted a girl.
Have a read of this Jean

Withdrawals in Domestic Violence cases:

http://www.cps.gov.uk/legal/d_to_g/domestic_violence_aide-memoire/#a24

"what do you think would be outcome if they were informed if she crept into my house again?"

From CPS site : The court should be encouraged to make it clear to defendants that bail conditions apply to them, not victims, and that any breaches will be taken very seriously. It is the defendant who is subject to bail conditions, not the victim.
I believe the police have to continue to prosecute if the victim changes their story and says it didn't really happen - there was a thread about this a while ago.
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Well that was interesting Thank You I will show that to my son, then perhaps he will get the severity of this,
i see what you mean by her acting now, even then wont stop by looks of it. Thank You so much for your help, feel better just talking to someone about this. I will keep you posted on progress. Thank You again. Jean.




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Question Author
I know its "his" bail conditions, but she is coming to him? he is so besotted he cant see he is doing wrong by seeing her, as he has done nothing and she is telling him she has told police this, he cant see that she has got him into big trouble and for what?. I wish in cases like this the complainant would get arrested for lying and messing up peoples lifes.


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If you search the internet you should find numerous similar cases being discussed as this is a very common problem for the police & courts.
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Thank You. You have been really helpful, I appreciate your time. Jean.
Sorry that wasn't in response to your last post.

Ref bail, have a look at the different experiences here for example:

http://www.womensaid.org.uk/messages.asp?topicid=78930&section=00010001000800210001

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