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Legal matters

Assault, Affray & Social Services

5 replies

smiler01 · 07/09/2011 22:23

Hi
without goin in to lots of details my partners ex accused him of assaulting her, totally untrue he was arrested etc found not guilty when it went to court, it was actually her who was physical with him but unfortunetly she was automatically treated as the victim. when they had a row in the past the police were called and SS were automatically informed which i understand to be standard procedure as they have kiddies.

Anyway, at the weekend the same thing happened with dp's ex and her sister and bro in law, they got in to a row and police were called etc, the ex accused her sis and bro in law of beating her up which the sister says is untrue it was the EX, (just like with dp) police arrested them all the sister got given a caution, and the EX was charged with Affray, Assault and something else bailed to return to court.

My question is would social services automatically be notified in this situation, despite it not happening at the house the Ex lives with the children and it not involving DP. (sorry if silly question i have never had any dealings with the police so all this is very unclear to me)

Also the EX was arrested for something similar before being in relationship with dp over 3 years ago it also went to court, i dont know the outcome of that all the Ex said to DP when they were together was she couldnt get in to trouble again with the police.

just wondered what the possible outcome in court may be? she has been arrested a few other times for arguing etc with dp but she was always released with no charges and had an harrasement warning given to her. i know it all depends on the severity of the assault but i would imagine she was punching and kicking them like she did to dp rather then weapons and kicking people in the head (cant you tell ive been googling affray and assault lol)

I was just very interested in the SS aspect and possible court outcome if anyone has any information would be really helpful. dp is currently going thru court to get contact and is hoping this will in someway help his case!!

Thanks in advance!!!!

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cestlavielife · 07/09/2011 23:49

It will be on her police records.
What contact is he asking for ?
Are the dc with her? Are they safe? Does he intend to get residency of the dc?
He can argue she is unstable and carcass would be asked to get involved and all police reports would come out

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cestlavielife · 07/09/2011 23:49

Cafcass sorry

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smiler01 · 08/09/2011 09:45

he hasnt actually yet applied to courts for a contact order, he is currently saving and paying off the remaining solicitors balance from all previous negotiations for contact.
the children who are only 10 months and 24 months live with her and she unfortunetly has lied so much so he cannot see them so the plan was just to go to court for reasonable contact and prove everything she was saying was a lie.
we know the ex has a gambling problem she loves bingo, and dp has been worried that she leaves the kids with anyone so she can go bingo, usually either with her other son who is 13 or her mum, her mum is main carer of ex's dad who needs round the clock care so dont think its suitable to have the children left with either of them as their so young, dp also pays alot of money via CSA and is worried its not bein spent on the children more on her fags and bingo!

Now that she has been arrested it really shows what she is like and were not sure if the kids are well cared for if their safe, who had them when she was in a cell for 17 hours?! what will happen in court for her charges, will social services get involved automatically due to her being arrested and charged could the kids be taken away? dp hasnt seen them for 9/10 months and really doesnt know what his first step should be. at the mo court for contact is a long way off and so needs to do soemthing now whatever that is!

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cestlavielife · 08/09/2011 10:42

he should contact SS and offer to take the DC - if he can show he is fit to do so .

SS need to know he is there and a willing father and can provide a stable home

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smiler01 · 08/09/2011 14:58

Thank you so much for your reply, you have replied to a couple of my posts and have always been so helpful!!!

He is on the phone to SS at the moment, he is a little worried that he is going to make things worse but right now the childrens welfare needs to be addressed.

Thanks again :)

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