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Legal matters

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Original poster

Lawyer help (court question)

15 replies

Smallmum55 · 09/06/2021 11:15

Hi,
Just wondering if anyone can answer this question for me.
My ex attacked me last year and it's due to go to court soon and I have been called as a witness.
I was pregnant when he attacked me and he used the pregnancy as an excuse to keep trying to contact me BUT i have had no contact with him at all since the baby's birth months ago (he's not on the birth certificate, does not pay any child maintenance and has never even seen the baby)
Can I refuse to answer questions relating to the baby in court?
ie: is he the baby's father?, anything relating to the baby at all really.
I am scared of the guy, he's never acknowledged the baby and the baby wasnt born when everything happened so I'd rather not have to talk about it in court at all.
What do you think? Will I be forced to answer questions about the baby?
Any advice would be really appreciated.

OP posts:

Collaborate · 09/06/2021 12:09

Unlikely the judge will allow questions not relevant to the court case.

DM1209 · 09/06/2021 12:30

I'm sorry you've been through this. Well done for holding your ex accountable.

Have you submitted any evidence/witness statement(s) that mention the baby and or pregnancy?
If yes, then the other side can ask questions.
If no, then the baby will not be mentioned.

Good luck.

Original poster

Smallmum55 · 09/06/2021 12:55

@DM1209 He's saying the reason he kept trying to get in contact with me and breaking bail to turn up at my house is because I was pregnant so I'm sure his lawyer will mention it in his defence.
I'd rather just say "he knew I was pregnant and was using that as an excuse to contact me" and say no more. I'd rather not even acknowledge him as his dad in court since he's not on the birth cert and has never met him or had any form of contact since his birth x

OP posts:

DM1209 · 09/06/2021 12:57

Do you have a Solicitor acting for you?

Have you had Disclosure of evidence and documents that are being relied on in court?

prh47bridge · 09/06/2021 13:11

@DM1209

Do you have a Solicitor acting for you?

Have you had Disclosure of evidence and documents that are being relied on in court?

I may be wrong but I think OP is being called as a witness as her ex is being prosecuted for assaulting her.

Original poster

Smallmum55 · 09/06/2021 20:11

@prh47bridge @DM1209
Yes my partner assaulted me and I am a witness in the case.

OP posts:

prh47bridge · 09/06/2021 20:16

In which case you won't get disclosure from him - that would only apply if you were taking legal action against him yourself.

As Collaborate says, the judge should stop any questions that aren't relevant. I don't see how questions such as whether he is the baby's father are in any way relevant to an assault case.

PegasusReturns · 09/06/2021 20:27

I’m afraid in the circumstances you’ve set out it’s likely the judge will allow those questions.

You ex’s reasonable belief that he is your DCs father provides relevant context to why he was contacting you.

prh47bridge · 09/06/2021 20:36

@PegasusReturns

I’m afraid in the circumstances you’ve set out it’s likely the judge will allow those questions.

You ex’s reasonable belief that he is your DCs father provides relevant context to why he was contacting you.

He is not on trial for contacting the OP. He is on trial for assaulting her. His belief that he is the child's father is irrelevant to that. It does not provide a justification or explanation for the assault. The context as to why he was contacting the OP is irrelevant to the assault.

PegasusReturns · 09/06/2021 23:56

I’m not suggesting the fact he is the father provides a justification or explanation for the assault. It is however entirely possible for it to be relevant dependent on the way in which the prosecution present their case. E.g. probative as to premeditation. If facts as to why he was present are in issue then it is likely that the judge will allow questioning on basis of relevance.

In any event judges judges tend to give defendants a degree of latitude on peripheral matters.

Anyway this exchange on legal procedure is unlikely to be helpful to the OP - sorry @Smallmum55 for the diversion. My advice would be to prepare yourself that you may well be asked.

Original poster

Smallmum55 · 10/06/2021 10:37

@prh47bridge @PegasusReturns
Thank you both so much for your comments and advice.
If I am asked about the baby do you think I would be able to say that I'm not comfortable talking about my son infront of the defendant as I fear for my safety and my son's safety....or is there I chance i'd just be told to answer the questions anyway, even if I said that?
Thanks again for all your help.

OP posts:

PegasusReturns · 10/06/2021 11:27

@Smallmum55 there should be someone at court who looks after witnesses. Different courts have different set ups but tell them you’re very concerned about your evidence and that you’d like to speak to the prosecutor. In the first instance they might get the officer in the case to speak with you but you should push for the prosecutor. If the case is very serious there may be a CPS rep at court who will talk to you.

Explain the situation to the prosecutor. Be really clear that you fear for the safety of yourself and your son. Unfortunately you might have to answer the questions but the prosecutor can help navigate the issue much better if they’re aware in advance.

PegasusReturns · 10/06/2021 14:03

And apologies I made the assumption the court hearing is very soon. If the hearing is a way off I would suggest writing to the CPS setting out your concerns (and again I’m assuming you’re in England/Wales)

I’m sorry you’re going through this though. I know it’s extremely stressful. As an aside many many men who deny violence plead guilty to it on the day of trial. Hopefully this will be your experience and you won’t have to give bay evidence.

Original poster

Smallmum55 · 10/06/2021 14:24

@PegasusReturns
Thanks again for taking the time to reply.
The trial is at the start of July and the pre-trial is tomorrow.
Unfortunately I don't think he has any intention of changing his plea to guilty. From what I've heard he's worked his way through a few lawyers because they suggested he do that.
Do you think it would be best for me to email the procurator fiscal or wait until the day of the trial and talk about my concerns then?
I'm in Scotland so I know we have a slightly different system than England x

OP posts:

PegasusReturns · 10/06/2021 19:40

@Smallmum55 I’m not familiar with the Scottish system but I don’t think it would hurt to put your concerns in writing in advance - it means that someone will at least have considered the issue and how best to present the case.

Make it clear that you want to give evidence but that you’re frightened.

Stay strong and don’t lose hope of a guilty plea. Best wishes.

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