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Waiting for court summons.. Been two weeks and not heard? Likely to be dropped?

7 replies

Alwayswillingtohelp · 16/01/2018 22:40

So keeping it brief. OH ex accused him off assault. Which is all lies. She's tried all sorts over the years to cause grief. Whether that's using his DCs as a weapon (court saw tho her)
Now there is no evidence, ' witness' her parents who hate dp and was trying to ruin his boxing day when returning the DCs
My son was there at time of allegation, but was in car on YouTube so paid no attention to the argument... That's all it was.
He volunteered questions at station, 2 days after boxing day. . They said if her parents statements were similar then possible prosecution.. Approx 2 weeks ago he got a call saying cps has passed it onto court and he'd get a summons to court.

So he's not heard anything yet.
Now what's the likelihood that the judge will look at it and see its made up.
Or. If not what would the outcome be.
He has no previous of anything whatsoever, he's got evidence of.how manipulating she can be regarded the kids.
And she's accused recent fellas in her life of similar, but Never took it further for whatever reason?

OP posts:
Poshindevon · 17/01/2018 06:56

I do not know who called you but CPS do not "pass it into court"
CPS usually write to advise you that the matter will proceed to court or that the matter has been dropped.
This is usually done through your solcitor. If you dont have a solictor I suggest you instruct one asap

prh47bridge · 17/01/2018 08:35

If the CPS have decided to proceed there will be a court hearing. Cases are never thrown out without a hearing. The first hearing will be in a magistrates court. It may then be passed to the Crown Court for trial or decided by the magistrates.

If he is convicted the sentence depends on the charge and the details of the offence. If the charge is common assault the maximum sentence is 6 months imprisonment and the lowest is a discharge. The most likely outcome is some kind of community order. Other forms of assault are more serious and carry higher sentences.

Alwayswillingtohelp · 17/01/2018 09:09

Fab thank you. It was the police station who rang.
Haven't got a solicitor as a. Can't afford it and b. It's playing into her hands for us to pay out that'd what's she's like.

T be honest I can see it going no where as a. It Never happened it was a row.
B. If it had happened, why after the row was she texting him about other things
C. This has ' happened' loads of times with ex's
D. He has lots of printed evidence Inc a court transcript from his fight to see his kids of her being outright awkward to him, where the judge even pulled her up on it.

She will trip up without a doubt. As it's all. Lies and it's disgusting as there are people out there who things actually happen to them and the other person walks away.. It's a sick world unfortunately

OP posts:
differentnameforthis · 17/01/2018 09:10

Don't let your dp do anymore drop offs/picks up by himself. Of course their statements will match, they will have rehearsed it.

he needs his own witness in future.

worridmum · 17/01/2018 10:44

This is the exact reason that a couple of my former clients used body cameras (did not tell there exs about them) made up complete lies, faked a black eye said my client had punched her ay such and such time boosted on camera she was going to do it.

If not for the camera evidence he likely would of been convicted and did she get punished did she heck.

Notasperfectasallothermners · 17/01/2018 10:47

My ex had me summoned to court for assaulting him, I hadn't . Got there and it was thrown out due to lack of evidence. Some people just get a thrill out of taking someone to court and acting important. I didn't have a solicitor, didn't need one.

Alwayswillingtohelp · 17/01/2018 12:46

Thank you for your replies. I now take the children back.. Much to her disgust but not much choice.
She doesn't say a word to me and that suits us.
So it's just a case of wait for the date x

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