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Relationships

DV- pleaded not guilty-to attend trial

154 replies

secular89 · 30/09/2020 17:07

Hello all,

Had to NC as this is very outing.

I was with my ex for 9 years- always has been physically and emotionally abusive. Last year, he assaulted me in my parents house and in front of my child. I was left with a black bruised eye for two weeks, had to attend hospital for a brain scan. No internal injuries, thank God.

I got an restraining order and agreed with police to get him charged. He was on bail conditions, but failed to attend to one of his bail hearings (?). Hence, police were not able to locate him and a warrant was out for his arrest.

I was getting on with my life. I have finished my Masters degree, being there for my child and I have secured my first job. Did not hear from my ex. However, three weeks ago, I received a call from the police, telling me that they have found my ex and would attend a bail hearing a week prior. Today, I just received a phone call that my ex has pleaded not guilty and I have to attend court in two weeks. The police also said that they would like the family member to attend as she was a witness. But knowing her, she won't go through with it and I cannot place that in her head.

I'm in two minds. I don't know if I want to attend court. I was getting on with my life, not a care for him, not thinking of him and now this- I don't know what to do.. what to expect. My ex has dangerous friends and I'm worried that they will come after me.
I don't understand why he pleaded non-guilty and he has always pleaded guilty. I don't know what to do? What do I tell me new job? What should I expect when I go to court?

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secular89 · 30/09/2020 19:05

Fatted No, I haven't. How do I put myself in touch with one?

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StarCat2020 · 30/09/2020 19:07

OP you don't have to do it. It's up to you
Sorry to be the bearer of bad news but I don't think that is correct

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secular89 · 30/09/2020 19:16

I'm worried about my safety after the case. Can I apply for housing to be moved elsewhere?

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category12 · 30/09/2020 19:33

He may well change his plea at the last minute - its pretty common for people to say "not guilty" in the hopes that witnesses won't turn up on the day. The two court cases I've been involved in, the defendant tried this tactic. On the day, they changed their pleas when everyone turned up.

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StarCat2020 · 30/09/2020 19:36

I'm worried about my safety after the case
If I were you I would contact the police tomorrow and ask about the Witness Care Officer (as mentioned by Fatted above)

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category12 · 30/09/2020 19:44

If you're in social housing, you can look for a mutual exchange. Your housing association or council will be able to advise you. Homeswapper is the website.

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MitziK · 30/09/2020 19:48

@secular89

I'm worried about my safety after the case. Can I apply for housing to be moved elsewhere?

Yes.

Get in touch with housing now and ask about Management Transfers and what evidence would be needed. They may say you can't do anything, it has to come from the Police. Ask them about it as well. And Women's Aid.

You may also be accepted as being legally homeless because you are not safe. You can do both, it's not one or the other.


I've found some useful information from a random local authority (not one well known for being helpful, either)

www.wandsworth.gov.uk/housing/council-tenants-and-leaseholders/council-tenants/council-tenant-re-housing-options/re-housing-because-of-abuse-violence-or-harassment/

If you're in a HA property rather than council, contact them as well.
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titchy · 30/09/2020 19:55

OP you don't have to do it. It's up to you.

Legally she does.

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secular89 · 30/09/2020 20:22

MitziK I live with my sister, but I am on the tenancy. I wanted to move when the incident happened. But they said I was too late to report it. I don't live in Wandsworth. It's this applicable to all boroughs?

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Honeyandapple · 30/09/2020 20:29

His family are not your problem and not your friends.

Protect yourself and protect your child and get this man convicted of assault. Show your child how strong you really are, how you won't stop until justice is done for the both of you.

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Honeyandapple · 30/09/2020 20:32

Go and speak to your local authority. Apply for assistance as threatened with homelessness due to DV. They will assess you and you may be entitled to a duty of care (DV is always a reason for Duty of Care, but I am unsure what with this being historical).

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lilsquish · 30/09/2020 20:33

Exactly what category12 said. Chances are he'll change his plea on the day if the witnesses attend.

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Hearnoevilspeaknoevil · 30/09/2020 20:41

Like a previous poster I'm in a position. Waiting for a court appearance. A horrible man involved and I'm worried.
You must do this.
My own horrible man has form. He has hurt others in his past and got away with it.
So guess what? He got worse.

Be brave and strong. You will regret it if you let it go.
And that's what he's relying in you to do....
Speak to the police

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secular89 · 30/09/2020 20:43

If I go through with it. Would he get a custodial sentence? He has been charged with common assault and criminal damage. Would I get some compensation for the damage he caused with my personal belonging he got charged for?

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MitziK · 30/09/2020 20:45

@secular89

MitziK I live with my sister, but I am on the tenancy. I wanted to move when the incident happened. But they said I was too late to report it. I don't live in Wandsworth. It's this applicable to all boroughs?

Yes - Wandsworth aren't famed for being a touchy-feely borough, so it's got to be something they have to do by law, which means it applies to all boroughs as part of the Statutory Duties.


Him having a/another conviction would be very, very helpful. So I'd encourage you to go there, as he's clearly counting on you not turning up.
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freeingNora · 30/09/2020 20:47

@secular89

But- I have a good relationship with his family. I'm worried that this would spoil
Things.

That's wrong thinking he spoiled things the minute he raised his hands to you

You may like his family but if don't protect yourself he may come for your little girl and he will be granted 50/50 without this charge pleas have a look at the court said, legal writes of women it's laid out for you what happens if you don't protect yourself properly and have it evidenced
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secular89 · 30/09/2020 20:48

Thank you MitziK. Who do you advice I contact? I'm worried if I go to my housing local authority, they will just fob me off instead.

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secular89 · 30/09/2020 20:51

yourself he may come for your little girl and he will be granted 50/50 without this charge

Really? If he gets charged and takes me to court for access, would the judge grant him access to see my child.

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Iloveme30 · 30/09/2020 20:52

You must go I know it's not nice but you must follow through or your leaving yourself wide open . The not guilty was to get you to go to court . If his friends were gonna do something they would have by now x

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iloverock · 30/09/2020 20:59

He will have been advised to plead not guilty at that hearing. It's common practice.
There is very high chance that you won't see it through to give evidence at trial.

It often happens that a trial he will wait and see if you turn up and then be advised to plead guilty.

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lilsquish · 30/09/2020 21:05

Id imagine he'd only get a custodial sentence if he has previously been to prison or if he has masses of previous convictions.

in terms of compensation, you can be awarded this if he is found guilty but im not sure how this is carried out or calculated

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Chloemol · 30/09/2020 21:07

If you don’t go through with it, then he will just carry on, whats to say he won’t attack you again at some point even though you are not together

And do you really want someone else to suffer at his hands when he does it again to his next partner? Say he goes further and really injures her, could you live with yourself?

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HotPatootiebootie · 30/09/2020 21:19

If he plead guilty it is found guilty then you can claim compensation. And yes, he can still ask for access to your child. The family court only care if he is a risk to the child, not you.

If you go to court and give evidence then this strengthens your request for rehousing urgently and your chance for compensation. You could also apply for a non mol order which would mean he is not allowed any fit of contact with you and will be arrested if he breaches it. If he has parental responsibility then you also need to address that as he could potentially take your child and you can do nothing other than take him to court to get them back.

He is not a nice man. Go to court. Give evidence and ask for a non mol with prohibited steps so he can't take your child. This will be very useful in your need to be rehomed.

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WellThisIsShit · 01/10/2020 00:30

Ignore all the guilt trips about YOU being responsible for keeping all the potential women of the future safe. You are NOT responsible for his actions, and I hate it when I see this callously used as a way to manipulate someone into doing something that may compromise their own life.

No woman should have to sacrifice her own safety for others that haven’t even happened yet. That’s what the criminal justice system is for. If a woman is STILL being placed in a position where she feels scared, alone and very afraid for her safety due to this ‘justice’, then this justice needs to change. Not plough on and expect a willing sacrifice from a woman and child who have already been through enough anyway!


Errr, annnnyway, I’ll step down off my soap box now Blush Grin

Having said all that, there are good reasons why you should turn up on the day for you. And that it to ensure he can never get custody of your child. If you don’t have enough evidence, it can, and does, happen. So you need to think about protecting yourself from any nasty attempts in the future at abusing you through the courts, chasing after your child. Men so frequently do this, even though they don’t want to look after the child at the end of it all.

So I think you need to call back the police in charge of the case (or a specialist police person given to you if you have one?), and ask them how they can help you keep you safe at the trial and after...

Don’t be alone in this, there is help, even if it’s a bit difficult to find.

Flowers

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secular89 · 01/10/2020 09:35

I'm in two minds. I don't know if I can go through with it. What happens if he gets convicted and he kills himself. I can't have that on my conscious.

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