STBXH charged with and admitted kicking me in the chest - what happens now?

[Ginshizz]

Hi,

Could someone help clarify a few things for me? I am uncertain as to the possible outcomes of this situation. A brief summary:

STBXH came home drunk, we argued about it, he kicked me in the chest, I called the police, he admitted kicking me in the chest, he was arrest for assault and charged.

He was cautioned in 2009 for threatening me with a knife (he admitted it then too).

There is a hearing in about a month.

What is going to happen at the hearing? I assume he will plead guilty as he admitted kicking me - I suspect he will claim I provoked him because we were arguing.

Will he definitely be sentenced? Or is there a chance he could be let off?

Sorry, I don't really understand the ins and outs ...

Thanks very much

x

[TheOrchardKeeper]

I remember your post.

Can't help with advice but just wanted to say I hope you've been ok since. Have been wondering what happened.

[Ginshizz]

Thanks, am getting there! Just concerned that he is going to try to rationalise this by saying I provoked him by starting an argument about him coming home pissed.

I did lay into him about it but I am hoping assault is assault.

Not sure though...

Just hoping he's not going to get off

Grrrrrrrrrrr

[nocake]

If he pleads guilty he will be sentenced. What that sentence is will depend on a number of factors and provocation could come into it.

[LalyRawr]

What has he been charged with?

If its common assualt, the maximum penalty is six months imprisonment. Seeing as he will plead guilty it is unlikely he will get a custodial sentence.

If it is assualt occassioning actual bodily harm then the maximum penalty is five years in prison or an unlimited fine.

The fact that we are assuming he will plead guilty will definitely lessen the sentence, but previous threatening behaviour will be taken into account.

Basically, it's hard to say.

But you are amazing, well done for being so calm and collected.

[Ginshizz]

Thanks!

He has been charged with common assault by battery.

I suppose he could plead not guilty but he has admitted kicking me so I don't know how he would justify that.

I don't want to sound vindictive but I want some official "proof" that kicking me is not OK under any circumstances.

Thanks for your responses

xxx

[floreatsalopia]

Given that he has previous history of DV I am pretty sure matters will be adjourned and he will be interviewed by a Probation Officer for a pre sentence report. They will decide if he is suitable for a DV programme in the community. He could also be made subject to other requirements such as Unpaid Work (community service), a curfew etc. Importantly, have you requested a non molestation order?

[LalyRawr]

To be honest, it is unlikely he will get a custodial sentence. But that doesn't mean he gets away scot free.

He will still have a conviction for common assualt on his police record. Depending on his job this can fuck his lively hood right up. It also means he can never go to America. It will show up on every CRB, he will have to declare it in every job interview.

Sorry, that sounds trite when I read it back, but what I mean is that it does still have implications. He will be a convicted criminal.

I hope I haven't offended you xx

[Ginshizz]

Hi thank you for the info and no offence taken!

I hadn't expected a custodial sentence, I just didn't want him to come across as all contrite etc and then be let off with a stern warning not to do it again if you see what I mean?

I felt it was worth cautioning him rather than charging him with the knife incident because it could have been a one off with a caution being the shock he needed. But given that it clearly isn't a one off now, I didn't want to see a similarly understanding approach taken.

The marriage is over anyway and I just want him to know that, regardless of the excuses he is making "I didn't mean it," "I didn't kick her hard," "she made me do it by shouting at me" it is not OK to kick me!

My divorce solicitor is going to look into a non-molestation order to be put in place after the hearing.

Thanks again xxx

[LalyRawr]

If he has been charged and a hearing is in place then he will be convicted, it won't be just a caution.

There are very few defence teams who will put forward the defence of 'I didn't kick her hard' and no decent judge will even begin to entertain that as a reason to mitigate sentencing.

An argument is also unlikely to be viewed as provocation, though can happen depending on what was said in the argument.

I hope all goes well for you, I really do. I wish I saw more women like you, well not really as it means you've been abused, but women with the strength you have.

Sorry, I'm making no sense tonight. Clearly I'm done being articulate for the day.

Good luck xx

[Ginshizz]

Thank you.

I have always felt really strongly that using physical force to "win" an argument is wrong on so many levels.

I don't feel like I am being particularly strong but I have the loveliest, most gentle and caring little DD to think about and I want her to know that it is never acceptable to hit / kick etc and that she never has to put up with it. I guess the only way of ensuring that is if I don't tacitly condone it by staying with STBX and, I hope, if there is something official that says it is not OK.

Thanks for your posts!


x

[OhDearNigel]

Op, you don't need a non-mol order. You should have a police witness care officer atached to your case who will explain everything to you, support you and sort out practical stuff re the court hearing (this is what i do). Tell them that you would like CPS to apply for a restraining order on conviction; it wont cost you a penny