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Original poster

Common assault on DD- what does this mean from a legal perspective?

19 replies

SlimPickens · 05/08/2025 15:11

My exh did something on the weekend that was reported to the police & they came today and said it was common assault. He didn't hit my daughter, but he made her fear violence and I was also there and afraid he would hurt her too.

I've decided not to press charges as my daughter was deeply affected by just writing down what happened (she gave it to the police as she couldn't bring herself to say it). I don't want to put her through it again and she doesn't want to either.

It's going to be logged as a crime, but with me not pressing charges, does that mean it won't show on his record or anything like that? Ive asked that it be documented for our safety going forward, so will it just be closed down without him being contacted and kept on file "in house"?

OP posts:
Anicemorning · 05/08/2025 15:13

I've decided not to press charges

You don’t get to decide in to uk

SilenceOfTheTimTams · 05/08/2025 15:14

There’s no such thing as pressing charges. The CPS or police decide on charges.

AFAIK common assault would be a charge in the hands of the police.

LuckysDadsHat · 05/08/2025 15:14

Are you in the UK? It is not up to you on charging. It is up to the CPS with the evidence that the police provide them. Although it is harder without victim cooperation, the CPS may still decide to charge.

Original poster
SlimPickens · 05/08/2025 15:15

Anicemorning · 05/08/2025 15:13

I've decided not to press charges

You don’t get to decide in to uk

They asked me what I wanted to do, as my daughters legal guardian. I said i don't want to persue it and neither does she. Thanks for the helpful answer though.

OP posts:
katieagain · 05/08/2025 15:16

How old is your daughter? If she’s a child I would imagine the police have a legal obligation to contact children services, you don’t get to just abuse your child and then decide to leave it at that.

purplecorkheart · 05/08/2025 15:17

How old is your daughter? I would have thought that the Police would have to report to Social Services who will be in contact with your ex.

DontBuyANewMumCashmere · 05/08/2025 15:19

Police in the UK will ask victims if they want to 'support a prosecution' - it's a similar thing, so I don't know why so many posters try to make this point....

OP the crime will be recorded on your local force database which will be visible to any other police force searching the national database.

It won't show as a conviction, of course, but that he is a Suspect in this crime and that it was NFAed (no further action).
This will be visible.

DontBuyANewMumCashmere · 05/08/2025 15:21

Yes police will have to submit a referral to social services but there's not always any action taken depending on the nature od the referral.

Anicemorning · 05/08/2025 15:21

SlimPickens · 05/08/2025 15:15

They asked me what I wanted to do, as my daughters legal guardian. I said i don't want to persue it and neither does she. Thanks for the helpful answer though.

Edited
Show quote history

If the police thought it was serious enough, then irrespective of your view, they’d have arrested him.

How old is your child?

Anicemorning · 05/08/2025 15:22

SilenceOfTheTimTams · 05/08/2025 15:14

There’s no such thing as pressing charges. The CPS or police decide on charges.

AFAIK common assault would be a charge in the hands of the police.

Edited

It would be.

If the police thought common assault, let alone against a minor, then the parent’s preference as to whether the law gets involved in not would be irrelevant

Anicemorning · 05/08/2025 15:23

DontBuyANewMumCashmere · 05/08/2025 15:21

Yes police will have to submit a referral to social services but there's not always any action taken depending on the nature od the referral.

If they, as the Op states, thinks this man subjected his child to common assault, then yes…. The Op will be receiving a call from SS

250mlmax · 05/08/2025 15:30

The police could decide to prosecute anyway. But since you and DD have told them you wouldn't be supportive of a prosecution, and you are the only witnesses (?), then there is unlikely to be enough other evidence for the CPS to authorise a charge.

You'd think it would make sense for this incident to at least be kept on some sort of record or file somewhere but it won't be. It will be NFA'd and if he does it again, it will be treated as if it's the first time. Which means in things like bail decisions and sentencing, he will be considered 'of good character' and treated more leniently.

If you don't want to support a prosecution, you could apply for a DVPO - although that would only keep him away from you for 28 days max.

SilenceOfTheTimTams · 05/08/2025 15:31

DontBuyANewMumCashmere · 05/08/2025 15:19

Police in the UK will ask victims if they want to 'support a prosecution' - it's a similar thing, so I don't know why so many posters try to make this point....

OP the crime will be recorded on your local force database which will be visible to any other police force searching the national database.

It won't show as a conviction, of course, but that he is a Suspect in this crime and that it was NFAed (no further action).
This will be visible.

Because posters suppose the decision lies with them, rather than just a willingness to assist the police or not.

Sure, if people don’t want to help the police they will make it more likely that the police will go no further. But that’s not pressing/not pressing charges.

Original poster
SlimPickens · 06/08/2025 12:21

Thank you for your replies, I understand things slightly better now.

I have thought about it a lot and changed my mind. I can't sit easy that he was allowed to absolutely terrify my daughter to her bones without even a visit from the police. I doubt it will go anywhere, but I'll do what I need to do in case he tries to take it to court for contact.

OP posts:
Original poster
SlimPickens · 06/08/2025 12:22

Also, I called SS myself, but yes SS referral is also being made via police. We have just been given a crime number and I've updated SS that we are taking it forward now instead.

SS already said they were closing it down yesterday after speaking to dad.

OP posts:
Roothewheel · 06/08/2025 16:10

How old is your daughter op?

Original poster
SlimPickens · 08/08/2025 01:19

Roothewheel · 06/08/2025 16:10

How old is your daughter op?

She'll be 13 in a couple of weeks. Two female officers came today to talk to us about it all and get a clearer statement

OP posts:
Roothewheel · 08/08/2025 09:19

what does she want to do?

when is she next due to see her father?

TheLivelyViper · 08/08/2025 17:33

SlimPickens · 06/08/2025 12:22

Also, I called SS myself, but yes SS referral is also being made via police. We have just been given a crime number and I've updated SS that we are taking it forward now instead.

SS already said they were closing it down yesterday after speaking to dad.

Edited

Have either you or her met with any SS or social workers or have they decided to close it down upon just going through everything the police wrote up? I was about to say they're likely to close it immediately because he already doesn't live with you, and even if he did they often do nothing when children are even hit, even though if you did it to an adult it could be a criminal charge. It's also because there's a higher threshold because smacking isn't illegal so even kids who are more than smacked/beaten (especially if they're older teens) won't get much intervention or support services like counselling etc whereas they'd be more likely to in Scotland and Wales. I still don't understand why England hasn't moved on this, it means kids have to almost be at danger of death to be taken out of their home, or for better support and for cases to be kept open for longer. I hope she is okay and getting support.

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