Conditional Bail Changes

[Kez7]

I am due at court to request my bail conditions to be changed so I am allowed to go back to my marital home. How likely is this to be accepted? I have been charged with DV common assault for the second time. This occasion there is no statement and I pleaded not guilty

[EDDIE51]

Is the marital home the place where the assaults took place ?
If so your partner will have to agree that she has no objections to allowing you to live there. After that it is up to the Judge/magistrate. To be honest I do not think there is much hope at the moment as you are still on bail for assaulting her. But I may be wrong.

[Kez7]

Yes the marital home is where the alleged assault took place. In police interview they told me that she wanted me home. I suffer from health problems and she is my carer

[EDDIE51]

Then you need to apply to the court that granted your bail and ask if the conditions can be changed. They may agree ,but I think you will have to wait until the case has been heard. Whatever you do don't just move back without permission. That would be a breach of your bail and mean you could be sent to prison on remand until the case comes up.

[Kez7]

Yes I’m at court next week to see if I can get bail changed. My solicitor thinks the case will be dropped to lack of evidence. Just my court case isn’t until March and I am finding it really difficult living away. I won’t risk it though

[New Judge]

As Eddie says, it is entirely a matter for the court.

In matters involving DV, courts are very reluctant to take the risk that you may commit further offences. Since you already have one conviction for a similar offence (presumably against the same victim) they may be even less so.

As an aside, have you pleaded Not Guilty because you didn't commit the offence, or did you do so secure in the knowledge that your wife will not testify against you. As well as that, if she has not made a statement, what evidence are the CPS relying on to secure a conviction?

[Kez7]

The evidence they have is a 999 call, a police officers note diary and body cam footage of her saying I assaulted her. I was at a different address when I got arrested

[New Judge]

"The evidence they have is a 999 call, a police officers note diary and body cam footage of her saying I assaulted her."

Not a lot to go on. On that basis I could say you assaulted me. Still, I suppose they know what they're doing.

[Kez7]

Yes my solicitor said he thinks there shouldn’t be a case. Thankyou for your answers