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Divorce/separation

Partner has been charged with assault on me, will he be allowed back home

5 replies

Kippiwoo · 09/06/2018 13:57

HI my STBX has been chatged with assault on me and he is in court in two weeks. His bail conditions prevent him coming on our street, but the police say once he has been to court he will probably Ben allowed to come home. I have seen a solicitor but to get an injunction will cost over £2000, which I can’t afford. Does anyone know if he is found or pleads guilty what the chances are that the judge will impose a restraining order are? TIA

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MrsBertBibby · 09/06/2018 14:42

You're in England /Wales?

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Kippiwoo · 10/06/2018 08:26

Wales

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MrsBertBibby · 10/06/2018 08:34

First off legal aid is available to anyone who needs a non molestation order, subject to a contribution, was the firm you spoke to a legal aid firm?

You can ask the victim support people about a restraining order, they are pretty widely used in my area (SE England)

You can apply without a solicitor for a non mol. Complete FL401 and write a statement setting out what happened. If there were previous incidents put them in too. Put the court date so the court knows when bail conditions may lapse

More help from NCDV

www.ncdv.org.uk

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Kippiwoo · 05/07/2018 08:06

Thank you MrsBertBibby I can acted NCDV and they were really helpful till I told them I’m in Wales. They can’t help in Wales! The police have said that they have already told the court we want a restraining order, but Women’s Aid are telling me if we have a restraining order then we won’t be allowed to attend things like Xmas school shows etc. I thought I could just have one to prevent him come king to the house and my school. I will have to apply for a non-molestation order myself I think. Apparently I don’t qualify for legal aid because I don’t have enough physical evidence.

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Bibesia · 05/07/2018 08:12

If he's been charged with assault, surely there's enough evidence? After all, the standard of proof for a criminal case is higher than for a civil one. It might be worth talking to different solicitors.

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