not enough evidence to charge him with assault

[cestlavielife]

my exP assaulted carer who took my ds to visit with him.

i totally believe her - similar to when he attacked me 2008 and 2007. pushing shoving shouting in face etc.

she reported to police, they arrested/interviewed him, then called her to say "not enough evidence we cannot take the case further".

i know he denied everything utterly as i met him with mediator later - she pushed him to explain and he kept saying "i've told the police you can talk to them, anyway i had no breakfast because of this false allegation" (arrogant twat) .

she has now resigned her job as carer for my son due to this. she is upset i/her employer put her in danger given his pvs violence towards me.... i didnt imagine he would start on someone else to be honest but of course one does not know.

but what can be done if police/CPS wont pursue it?

i think she feels if some "retribution" eg it taken further then at least justice done... but his word against hers...

i know they not saying she lying - nor are they saying he is truthful either. but leaves it open...

So no more handovers? I did wonder if she would carry on after what he did.

she doesnt have to do handovers any more - so this element was going to be taken out of the job - but she does not feel she can carry on at all due to fact she feels we put her in position of danger with a previously violent man - though i ahd explained to ehr some of the issues.

problem is- police dont seem to think he is violent man even given his record.... they seem to have accepted what he said.???...

or is it literally a case of 2not enough evidence"?

ugh.

If the police and/or CPS won't pursue it the only way to get any legal action is for her to sue him.

She could start a private criminal prosecution for assault. However, a criminal prosecution has to show guilt beyond reasonable doubt. If it is essentially her word against his then it is unlikely to result in a guilty verdict. Even if he has a record that doesn't help - you generally aren't able to mention his previous convictions in evidence.

She could start a civil case against him for damages, e.g. for any injuries she suffered. Civil cases are decided on the balance of probabilities so she has a better chance of success. She may be able to get a solicitor to take the case on a conditional fee ("no win, no fee") basis. This is probably the best way forward if she wants to take action.

If she isn't willing to take action, that's probably the end of it.

she has now resigned her job because of this. so loss of earnings.... she says her employer and me put her in danger...we knew he had violent past (but was againt me adn domestic vioelence cases dont always correlate to wider violence against women???)

so i geuss ....she could reasonably sue her employer (i employ her thru someone else...) and/or me? so employer could sue him??....what a mess.

She may be able to sue her employer if she can show that her employer did not take reasonable steps to protect her. However she may be better off simply going after your ex on the basis that she has had to leave her job due to the emotional trauma caused by his assault, or something like that. The first step would be for her to see a solicitor to discuss her options.