What Is A Motion?

[Chez91]

Just another question.
Is a motion where a defendant can apply to have a case dismissed..?

[jno]

that's one sort of motion, yes.

[sara3]

blimey Chez.. this bloke who beat you up.. does he not have a legal rep to deal with all these queries? he/she is the one who will know how best to get him off this charge.

[Chez91]

How does the defendat apply for one then? Doess it cost?
And could the victim apply for one also?

[Chez91]

As far as i know he does have legal rep but this is me that wants to know. I just want to do anything possible so help him.
Sorry to be a pain =/

[tanny22]

its a joby. or a popo. or a turd. or a sh1te.or a keek.or a stool.

[Chez91]

and you are mature =]

[tanny22]

as much as you with the threads you post

[bednobs]

i know i've said this before, but his legal representative will be able to advise him (having the benefit of all the facts) how to get off of it more easily. if part of that involves something you can do the legal rep will tell him. Are you prevented from talking to him via bail conditions or something?

[factor-fiction]

I suggest this is left to his legal adviser. It seems you are worrying about things you can't influence.

[Chez91]

yes bednobs hes not allowed contact with me, he has a bail variation on monday at the magistrates which i am able to attend so hopefully they will be lifted from then onwards

[Ghengiskhan]

I cam empathize with how you feel, its not easy, especially when trying to find a way out of the predicament you're in.
Firstly was there an assault?
Did the defendant give a statement confirming an assault took place?

If the answer is yes then stop wasting your time thinking about how you can stop the trial as this wont happen

the system can be a pain in the XXXX for those who genuinely don't want to support prosecution, but in fairness there are some really bad people out there who treat partners very badly which in some cases lead to death

how does anyone know when the next death will occur

so accept the case will go on if either of the above two questions are a yes

Have faith in Judges/magistrates from what i have seen they generally are very fair and will consider the evidence and also will consider if any of the folowing has been done
You have the right to make an additional statement to the police
stating you do not wish to support prosecution f that is the case
you also have the right to make a victim impact statement
stating how the incident has affected you

many people here have advised you regarding Legal representation
that is where he needs to get advise from, it will work out in the end

[Chez91]

would it help him if he reported me for hitting him?

[bednobs]

god i hope he does!

[Chez91]

would it help him if he did?

[boxtops]

Genghiskhan, this has all been covered on other posts including this recent one http://www.theanswerb...l/Question950035.html

[sara3]

no, it wouldn't help him.

but you could be prosecuted also, and will he then disrupt the whole court system for you? I doubt it.

he's a bully, and you're acting like a full on victim. classic situation!

[Chez91]

NO HES NOT A BULLY SARA!!!! ALL HE WANTED WAS ME OUT OF HIS FACE!!!!

[sara3]

well I'm starting to understand that..

[Chez91]

please stop calling him one then coz its not fair, i was the one that made all this happen

[jno]

Chez, he assaulted you, right? It's against the law. It doesn't matter whether you want him prosecuted or not, the law says you mustn't assault others and you will be charged and tried if you do. If he's got a defence to the charge (self-defence for instance), he should tell the court, that's what it's there for, andthe court will decide whether it's a resonable explanation or not. (Just wanting you out of his face will almost certainly not be a resonable defence.) But the matter's basically out of your hands. Society is prosecuting him for behaviour which is illegal.