to be so annoyed that CPS dropped charges(8 Posts)
I was assaulted (thrown to the floor) by my exH in February and found out today that the case was taken to CPS and dropped due to 'inconsistencies between witnesses'
The assault occurred after exH (who I separated with 6+ years ago) discovered my new partner at my house when dropping our 3 DC off after visitation. I didn't plan for them to ever cross paths, he showed up earlier than agreed (not that I should defend having new partner but wouldn't ever try to aggravate exH as I know what he's like).
The witnesses interviewed by police included my current partner and my 11 year old DS. The assault happened whilst all 3 DC were in the house but my 11 year old only saw the part where my current partner managed to get hold of my exH from behind and get him out of the house. This event led to all 3 of my DC telling me their father had been physically and emotionally assaulting them several days later but at the time my eldest DS gave his statement to the police, he was still terrified of his father and therefore gave an inaccurate statement.
I told the police this (and they are dealing with the child abuse case so are aware of these issues) and they simply said that they were sure I didn't want my son to be re-interviewed so the case has been dropped.
It just seems so unfair that he has gotten away with it. I know I can appeal but not without my DS having to go through the ordeal of giving evidence against his dad (and he didn't see the actual assault).
I really didn't expect the case to get dropped because although I didn't have any serious injuries, I had a clear grab mark bruise on my arm which the police photographed and my ex has been previously convicted of assault against me (when there weren't any witnesses but significant bruising). Also my children were present and on the CPS website, these 3 things are mentioned specifically as increasing the seriousness of the crime.
I'm so angry and upset that he can basically barge in my house, call me every name under the sun in front of my children, throw me to the floor and try to attack my new partner, put my son through the guilt and pain of having to give evidence, leave all 3 DC screaming and crying watching their dad threaten to kill new partner and my 11 year old DS try to intervene between 2 grown men to 'save his dad' from being thrown outside because he knew his dad would beat him later for it if he didn't and he's just walked away without any repercussions.
Why can't CPS look at his previous convictions and see what type of man he is. Especially as most DV incidents go unreported, it just feels like what's the point in reporting anything. The police didn't even come out the day of the incident because there weren't enough officers. There is nothing to deter him from doing it over and over again. I don't feel protected at all by the justice system. Luckily ex is currently on bail and his conditions include NC with me or DC but if that case get dropped by CPS also then we are at his mercy. How far does this man have to go before someone takes this seriously??
Unfortunately this happens. My dad repeatly got reported for violence from different people. Police have no record of any of it!
I think you need to concentrate on keeping this horrible man away from your DCs. The police you say are looking into child abuse so this is the one I would focus on now.
Coming from the abusive dad place I don't think it's right to ask your DS to re-testify as the first time round would have been hard enough
Yanbu sadly I don't have any words of comfort. I watched a 3 part documentary recently about the CPS and I was not reassured. I don't want to offer false hope, but in one of the dv cases they showed, the victim asked them to reconsider, and they eventually did and the offender was prosecuted and convicted.
YANBU. It's worth saying that the CPS do offer a right of review to victims. If you consider that they have not taken account of evidence you should draw this to their attention.
Separate, part of me keeping him away from the children would include him being convicted of child abuse. I'm just scared that they will throw this case out too as there is even less evidence, just my children's statements.
Also, now the case involving me has been thrown out, where do I stand in terms of getting a restraining order? I was hoping this would be dealt with during his court case.
In order to protect my children I also need to be protected from him but this has sent him a clear message that he can do whatever the hell he pleases.
I would love to ask them to reconsider but I know it would involve my DS giving another statement and I don't want to put him through that.
The cps are shite they put my family through hell.after allegations had been made about dh no evidence or proper witnesses and 5he witness statements they did have were contradicting each other and they conveniently lost evidence for the defence only for them to all but drop.the charges on the day the trial.started and accept dh version of events
Am no expert - although I managed to get a restraining order against an ex but only after a Guilty verdict on an harassment case. From what the solictor told me on the day (and he was prosecuting so not one I paid for), it was a more straightforward matter to get such an order the day of that kind of trial. But I thought that implied it would have been possible also to get it, even if he'd got a Not Guilty...
Earlier, the same ex was going through the Family Courts and my solicitor and lawyer told me that there was a kind of civil action order we could have got, but in the end they got a Prohibited Steps order and I had parental responsibility in the interim and ex had a order making zero direct contact for ex with the kids, whilst the Family Courts case was going through. (Which ended up taking 18 months).
Hopefully someone will be along who can give you chapter and verse, but I'm guessing from my own experience, you could still go for a restraining order - but you might have to pay the legal costs for it.
Can you ask the CPS to review the decision? There was a series on TV recently about prosecutors where someone did this successfully.
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