Partner charged with common assault on me and my son

[LuisSuarezTeeth]

My now ex was arrested and charged with the above. He was remanded overnight, appeared and magistrates next day and given conditional bail. His is due in court in 3 weeks.

What happens next? Will I and my son have to go to court? What is the likely sentence?

Thank you

[hectorslarry]

If he pleads guilty you won't need to give evidence in court. If he pleads not guilty there is a big chance you and your son will have to give evidence. You can do this behind a screen or via video link. How old is your DS?

The sentence will depend on how serious the assault was. It will also depend on if he has any previous convictions and they usually do background checks on his character.

A fine and community service/probation order is most likely.


I might be totally wrong it's been years since I was in court.

The police should have offered you the chance to talk to a victim support organisation. Get in touch with them they are amazing and will answer any questions you may have.

Good luck i hope he gets what he deserves

[LuisSuarezTeeth]

Thank you hector. He has no previous convictions but has had police called by me and 2 other women for violence and threatening behaviour. No action has been taken until now.

DS is 15 and he has also attacked him before but XP was not charged.

This time he grabbed DS by shirt and pushed him over, then out the door and locked him out. I tried to stop him and he threw me across the kitchen into a chair.

His bail conditions state he cannot come here or contact me, but what happens after court ? We are joint tenants on a council property and he has 2 children that he has taken with him to his bail address.

[Tiredtrout]

You need to contact the council and tell them what has happened and request that he's removed from the tenancy. The police can apply to have a restraining order put in place on conviction, not all officers know they can do that so it may be worth getting in touch with the oic. If he is found not guilty you can still apply through the civil court for a non molestation order, these people will help you ncdv.org.uk

Unfortunately bail conditions will only be in place until the case is finished with in court

[LuisSuarezTeeth]

Thank you for the advice Tired. Would I contact the arresting officer do you think?

[Tiredtrout]

That would be the best one unless someone from the domestic abuse team has been in touch

[LuisSuarezTeeth]

Yes they have, I will try that one, thank you.

[iheartdusty]

your DS should have an intermediary to help him give evidence in court (if it comes to that).

see here:

intermediaries www.triangle.org.uk/what-we-do/intermediaries

[iheartdusty]

link again;

here

[LuisSuarezTeeth]

Thank you all. Ex has pleaded guilty and I have been told I don't need to go to court, thank goodness. I need a solicitor ASAP as I need to get an injunction included in the sentencing. That is my priority in the morning.

[LuisSuarezTeeth]

Now also have the name of the officer in charge and can call tomorrow.

[Tiredtrout]

That's good news, along with your injunction if his name is on the tenancy or mortgage you may need to consider an occupation order.

Good luck

[LuisSuarezTeeth]

I am ringing around for a solicitor tomorrow. Apparently I need to get the process for injunction and occupation order underway now, before sentencing.

Thanks Tired, your advice has been invaluable.

[LuisSuarezTeeth]

No joy yet with solicitor. I need legal aid and there are only 2 firms open to me. Can I do this myself?

[Tiredtrout]

You can do this yourself, have a look at ncdv.org.uk for info, they can help with the legal side. Unfortunately I don't deal that much with civil law as I'm an officer but I believe you can apply yourself through your local county court

[HappyJustToBe]

When is he due for sentence?

You should have been contacted by a Witness Care Officer. They can tell the prosecutor at court you wish to have a Restraining Order put in place. That would not require you to be legally represented.

You can also ask the OIC to tell the CPS you would like a Restraining Order applied for.

[LuisSuarezTeeth]

I spoke to the DV officer and she said I have to get a solicitor. Not been able to talk to OIC yet.

Thanks for the advice. I will keep trying.

[LuisSuarezTeeth]

Happy it is soon don't want to give date in case it identifies me.

[Tiredtrout]

Good luck sorting it out, I hope that you get some help with the order

[LuisSuarezTeeth]

Tired you are a star. Called ncdv and they took my statement and got me a solicitor. They said process is really quick. Hope to go to court this week for occupation order. They were fantastic. Just hope judge finds in my favour, so fingers crossed.