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Need advice regarding magistrates court

4 replies

Abitnutty · 28/01/2018 20:34

So my brothers ex had accused him off assault.. The latest of a long line of vindictive things she's done.. Even regards the their kids he had to resort to court orders to see them etc.
She had come out to car to collect kids. She didn't like something that was said. When he was making a point she tried to slacn his car door on him, so he pushed it back a little as he had his leg half in half out so he faced her to talk.
She's now said the door hit her. = assault.

So police rang him a few days later. He went to station and told them his side of the story. They said doubt anything will happen as it's a bit tit for tat.. Well a few weeks later he got another call say cps were taking it to magistrates court.

He has spoken to a detective of the family who has advised him to get duty solicitor on court day and explain all to him. Show the evidence he has of what's she's been like over that last5 years and to get the solicitor to go in and say yes he's admitted pushing car door back towards her but she pushed it to wahine first. And say he would accept a conditional caution..?

I'm confused on this.. But the whole thing seems a waste of court time and him and his ex having day off work. The whole thing is pathetic..its her way of then being able to say you're not seeing kids as you're violent

May I add he's never been in trouble with police except as a 13 yr old prank calling his neighbour and that was a warning.

What's the liklihood of getting conditional caution?

OP posts:
PersianCatLady · 30/01/2018 09:23

The outcome on the day will depend on many things so it would be unfair of any body to give you an idea of how likely a conditional discharge would be.

One thing is that the magistrates court can only hand out maximum sentences of 6 months or a level 5 fine (I am unsure of what this is in £ but you can Google it)

Also, you say you think it is a waste of time but the CPS obviously don't.

If you could try to ensure that the defendant doesn't display that attitude in court, that would be a good thing.

Abitnutty · 30/01/2018 14:32

Oh he wouldn't display attitude at all so no worries there. Thank you so much for your help x

OP posts:
Abitnutty · 30/01/2018 14:32

He's got two weeks until the date aswell so just a waiting game.

OP posts:
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