Family member been arrested for assault what to expect

[unicornsarereal72]

A family member was arrested last night for assault. I don't condone this behaviour at all. But they are family. Can some one please tell me what to expect and what I can do? They won't be able to return to their home. And have previous for fighting. Thank you.

They will presumably need to get somewhere to live.

Did they have a duty solicitor present when they were interviewed? What have they admitted? Have they been charged (with what exactly) and bailed? How are they planning to plead?

There really are so many variables, it's hard to advise without knowing more.

Male or female and who did they assault? Assaulting an adult would have different consequences to assaulting a child, I'd imagine.

From what you've said, I assume a man has hit his wife so can't return to the home?

Is it dv? Were there other factors like alcohol or drugs? If you have children yourself be very careful of how far you get involved.

Thank you all. There are mental health issues also alcohol involved. I'd imagine interview with police will be today And he was left to sober up last night. Not child related. Think to much evidence to deny it happened. But also mitigating circumstance as above. I've no idea what happens in these situation. Will they detain him until a hearing or bail him to 'safe' address

If they aren't allowed to go home the obvious conclusion is that they assaulted someone in their home.

Is this domestic violence op. There are no mitigating factors.

Maybe reading between the lines- but sounds like they have assaulted their partner? He will need to find somewhere else to live and most likely will not be allowed to see the kids or his partner until court date.

From personal experience, he will be bailed, probably free to return home.

@ParkheadParadise

From personal experience, he will be bailed, probably free to return home.

I’d dispute this but it’s situation dependent. Lots of evidence suggests others heard, he was caught in the act, or injuries.

Depending of rh severity of the beating he doled out, he may be released but not allowed near the home. Or he may be remanded in custody.

It sounds like it’s DV? Is this what their previous was for too? That may make a difference to bail.

If it's DV then it won't be the first or last time

I would call the other person to make sure they're ok and to give them support

What happens will depend on the severity of the assault and the willingness of the victim to co-operate with the investigation ( victims do not “ press charges “ though). If there is good independent evidence ( like footage from police body worn cameras or a reliable witness ) a prosecution might be possible without the victims support. There are four possible outcomes following interview... bail for further investigation, released with no further action, cautioned or charged. If he’s charged he may be kept in custody to go straight to court or be released on bail with or without bail conditions. ( usually with conditions). All of those are dependent on the extent of the assault. If he has previously been arrested for violent offences then a caution would be unlikely ( one would hope). Drug / alcohol use and mental health issues aren’t mitigating factors. A court do have it in their power to make hospital orders etc so sometimes the CJ process provides a gateway to treatment opportunities.

There are too many unknowns to comment on the outcome here.

Some possibles:

• Victim supports police action, gives a statement, there are witnesses and/or separare evidence (phone, injuries), person is charged and bailed to not return to address (would only be remanded in custody if very serious or many previous offences)

• Victim doesn't support police action, there are no witnesses, but doesn't want suspect home. Police can apply for a Domestic Violence Protection Notice which initially lasts a few days. This then goes to court to become an Order. This essentially means the suspect must leave the address and not contact the victim. The terms can be written differently for each one.

• Victim DOES support police action but the lack of other evidence and suspect's denial in interview make prosecution impossible (generally the CPS will be consulted before the case is dismissed). Bail conditions or DVPN for suspect to not return home.

• Victim not interested in any prosecution, won't provide a statement or cooperate witj the police, just wants suspect back home. This really depends on the other evidence. If the suspect has caused serious injury or admitted the offence the police may continue with prosecution and bail anyway. This is called a "victimless prosecution" and is used in some DV cases where the harm to the victim is believed to be high.

Hope that helps.

It's hard to advise really without knowing a little more detail. If they can't go home then you could offer for them to stay with you and have your address registered for bail?

Consider this carefully if they are known to be violent (mitigating circumstances or not) and if you have children in your house

Thank you sorry I haven't read everything. It is a family member not partner.