Does the grabbing of coat lapels really constitute assault?

[thumbwitch]

Can someone in the know please define the limits of assault for me? I have just heard from my Dad that my bro was arrested last night for 'assaulting' his ex - his version of the story is that she came round with the children and he refused to let her into the house, as she has previously started to wreck things or take all the childrens' stuff to her new place. She barged past him and forced her way in, and then started taking lots of the DC stuff - he asked her to leave, she refused, he told her to leave NOW, she refused, so he grabbed her coat lapels and told her to get out.

She then put in a complaint to the police and last night they arrested my bro. He was placed in custody until he accepted the caution they gave him (for assault).

Is this reasonable? Can you really be charged with assault for just grabbing someone's coat lapels? Or is there likely to be more to this for the police to have taken it this far?

Have to go out soon but would appreciate any thoughts on this, thanks.

no, they have shared custody so it is 50:50. She is taking all their stuff bit by bit so that my bro has as little as poss at his house (the family home).

I don't want sympathy for him, I want to know if he is "understating" the case, or if he could really have been arrested for lapel-grabbing.

You can only be cautioned if you admit an offence.
A common assault can be grabbing. Even poking with a finger or spitting is a commonassault.

Legally, yes it is. I was in court as a witness once when someone tried to beat up my DH. I asked the defence lawyer to define assault for me as he was trying to play down all the grabbing of his coat etc beforehand - the lawyer confirmed that yes, it is assault. HTH.

Just checked with dh who is a police officer. DoubleBluff is right. He can be arrested and cautioned for grabbing her lapels. He will have admitted it.

DH says he should take legal advice as this will now be on his record. Did he have a solicitor when interviewed in custody? If she makes further accusations at a later date, he will be past the point of cautioning and it could be a serious matter as the domestic incident markers will already be there.

The police would have had no choice. They have to act in these matters.

Common assualt: any attack which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

His defence should be- if he is telling the truth- that he was preventing a crime. She entered the building unlawfully and was trespassing. That would be for a court to decide though, not the police and will not go that far now he has been cautioned.

I state all of this from a neutral standpoint assuming his version to be accurate.

What a horrid situation, whatever the truth of it.

thank you ShowfHands for such a full reply - yes, it is a horrid situation and it is already his second marker, as the first one was when he grabbed her wrists to stop her shredding his filing cabinet papers.

There was no solicitor there when he was interviewed in custody - I thought there should have been but I was only told this after the event.

Thanks all for your helpful responses. It is an absolutely disastrous situation for my bro - afaik his only "crime" is to be a pomous boring arse, but that doesn't mean he should be put in a position where he could lose his children, who he absolutely adores.