DV- pleaded not guilty-to attend trial

[secular89]

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?

[thenshewasgone]

Watching this thread as I am due to give my video statement to the police to press charges for DV / rape / assault. So I am at the start of the process. Wishing all those going to court the very best of luck, I hope to have some of the strength you have going forwards xx

[dublingirl66]

Will you keep us all updated !!

I too will let you all know in the hope it may help others

I know it will alll work out and it will be over soon

[Shefliesonherownwings]

Hi op, as scary and nerve wracking as it is to attend court, the danger is that if you don’t attend the case will be thrown out unless there is other evidence the prosecutor can rely on.

You should not have to come into contact in any way with your ex when it comes to it. You should wait in the victim/witness liaison room and when it comes time to give evidence, either the usher or legal adviser will come and get you and bring you into court. Once you’ve given evidence you’ll then be taken out and can go home.

You may find that you turn up on the day and your ex decides to please guilty before the trial starts. Obviously that is inconvenient for you to have attended only to find he’s changed his plea but at least you wouldn’t have to give evidence. I’ve seen it happen once a defendant realises the witness has attended.

Do make sure you talk to the prosecutor about applying for a restraining order. This can be made for up to 5 years and can be applied for even if your ex is acquitted or pleads guilty.

[JuliaDomna]

Hello OP I have experience in supporting victims of DV at court. I understand why you are reticent about going to court to be a witness but you should know that you may not be in the position to withdraw from this case. It is now not you but the Crown Prosecution Service who are pursuing this case. It is now out of your hands. Should they decide to prosecute him and you refuse to appear, a judge may issue a summons for you to attend court. It is not always the case but it is done regularly.

Please speak to the Police Officer in the Case and Witness Care . They can request for victims to be supported on the day of the trial and given special measures i.e. evidence behind a screen or via video link. They can also arrange for witnesses to go to the court for a pre trial visit so they can familiarise themselves with the court and talk through the court process. Many witnesses find these measures helpful, especially giving evidence behind a screen. This means the defendant and public cannot see the witness while they give evidence and will not see them entering or leaving the court room. Many times the defendant will change their plea on the day of the trial when they see witnesses have turned up. Not all DV cases attract a custodial sentence it depends on a lot of factors. The Police can advise and should you go to court you can ask the Prosecutor.

Also you mention that you worried about it being in the public domain. Yes it is but generally the public rarely attend trials unless it is a case which has received a lot of national press attention. The public gallery is used mainly by supporters of the witnesses or defendant. Also due to Covid many courts are restricting the numbers of people attending so they may limit the number of supporters.

Although giving evidence at court is not easy, many people have told me that afterwards they are glad that they did. It enabled them to take back control. Do speak to Women's Aid they are so good at supporting victims of DV and have lots of useful advice.

If you need any further information or want to talk it through please dm me

[FourPlasticRings]

Well done for deciding to go, OP. You are very brave and an excellent role.mpdel.for your DD. Good luck x

[JuliaDomna]

Sorry I have just seen you have already had lots of good advice. I am slow at typing on my mobile but if you need any information please contact me. Good luck OP

[Isadora2007]

My amazing dd stood up in court (they put her ex Behind the screen so he couldn’t couldn’t see her more than she couldn’t see him) and told the truth and answered the ridiculous and often insulting questions fired at her from his lawyer (and those asked by hers). She spoke about how she felt on the day trying to keep their baby safe, and fearing that he’d take him off her and disappear. She spoke out and told the truth and he was found guilty. She was 19 years old. I was incredibly proud of her but she did it for her son and that’s where she got her strength from.
You are worth this @secular89. You are worth saying this assault should be punished and should be recorded and should be somehow atoned for.

[JuliaDomna]

Isadora

Good for your daughter. She did a really good thing. I have seen so many brave women (and some men) who have experienced DV give evidence and I am full of admiration.

[JuliaDomna]

Sorry pressed post too soon. The perpetrators of DV should be made to face the harm they have done. They may even atone and become better people but they shouldn't be able to get away with it.. I

t is so common and quite rightly the criminal justice system now prioritises crimes such as these even if it can take an absolute age to go to court. But that's another story. Read the Secret Barrister's tweets and blog. Years of austerity have had their effects on all aspects of the criminal justice system.

[Weenurse]

Good luck 💐

[Houserabbit]

@lilsquish

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

It depends on how serious The attack was and other elements of the assault.

For some convictions a non custodial sentence isn’t an allowed option for the judge/court. The person who harmed me has no criminal record, i have been told he would be charged with at ‘worst’ attempted murder and at ‘best’ section 18 GBH and that both would be a custodial sentence regardless of the fact he has no previous convictions.

[dublingirl66]

Wonder what my ex will get

Broken arm
Attempted murder
Coercive control for 4 years

In my head he will walk off Scot free
Maybe some community service
Who knows 😢😢😢

[Shefliesonherownwings]

Anyone charged with attempted murder or a s.18 GBH will be dealt with by the crown court as these are what is known as Indictable Only Offences so they go straight up to the Crown court. Magistrates can only sentence up to six months in custody and those offences warrant much longer sentences. E.g. GBH is a minimum 3 years custody.

I’m not sure what the ops ex has been charged with but it could be common assault, battery, ABH if it’s being dealt with in the mags and sentencing will depend on several things including whether he changes his plea, his previous convictions and any other aggravating factors.

@dublingirl66 if your ex has been charged with attempted murder and is convicted then he should get a life sentence. But it all depends on what he is actually charged with.

[secular89]

Thanks shelfie. He has been charged with assault by beating (I think that's common assault) and criminal damage. Do you think he will be in custody?

[Shefliesonherownwings]

@secular89 assault by beating also known as battery, falls under the umbrella of common assault but there would usually be some form of physical contact for assault by beating to be charged rather than simple common assault.

It’s really difficult to say about sentencing. It depends so much on the facts of the case and any aggravating features. The magistrates will look at a lot of things including how much harm was caused, was it a sustained attack, how culpable was your ex, was there a child present during the assault or are you particularly vulnerable, was there threat of a weapon, premeditation, any racial or sexual elements... so many different things. As I mentioned above if he pleads guilty, even on the day, he will get credit for that. Plus if he has previous convictions that will be considered too along with any mitigation he puts forward.

The range of sentencing can extend from a conditional discharge to 6 months custody. With the criminal damage, you should get compensation for the cost of the damage. Whatever happens I would absolutely encourage you attending. As someone said I think, you may end up being summoned which means you have to attend. You can also speak to your prosecutor about a restraining order whatever the outcome.

[Isadora2007]

@JuliaDomna thank you. 😘

[secular89]

My ex is going to win the case. I managed to view my report at the time the assault happened but I lied about a partial detail
In my statement. I'm not going to go to court.

[dublingirl66]

Ah no

What you mean?
Lie or make an error re dates etc?

When we are bruised and battered we can make mistakes about times etc? If so maybe explain to them ?

So sorry

[Shefliesonherownwings]

@secular89 honestly you don’t know he will be acquitted if you go and give evidence. There’s a much stronger chance he will be convicted if you do attend. But if you don’t go, then it’s very likely he will be acquitted because unless there is other evidence the prosecution can rely on, they will have to drop the case. It would be such a shame to have come this far, been through all that you have and then not attend court.

In terms of the statement, you may be able to amend it before court. Talk to the police officer dealing with the case. Do you have support from witness liaison?

[secular89]

I didn't tell the police that my child witnessed the assault. I was worried about involving social services- they were involved anyway and I told them exactly what happened,

[MitziK]

@secular89

I didn't tell the police that my child witnessed the assault. I was worried about involving social services- they were involved anyway and I told them exactly what happened,

That's not going to get him off, then.

'You say here that your child didn't witness the alleged attack'.

'I was in so much pain and frightened of what XP would do when he found out that I'd told the Police he/she was there. When I spoke to Social Services, I told them exactly what happened and he/she saw everything'.

'Are you sure?'

'Absolutely. She saw everything'.

'Really?'

'Yes. She saw him do x and y and was crying and saying......'

[Pyewhacket]

He's a criminal and he belongs behind bars. Personally I would do everything I could to put this piece of shit where he belongs.

[dublingirl66]

It took me about 5 months to speak out and tell police he had harmed me and my DD that day

I didn't tell the hospital
We were so scared I was sure the blame would fall on me

OP I feel your pain here

And I please please would say if you can continue

Even more reason to continue is that your innocent child has been affected too 😡😡😡😡😡

[dublingirl66]

Wait so the SS report will outline the child was there

That is a good thing

You must have been shocked and confused at the time so that is understandable

[Houserabbit]

I think when these things happen victims go into survival mode and with shock and fear this can mean saying all sorts of things. I told the hospital that I’d fallen over because I was too beaten down and in shock to face questions. Police and CPS have seen it all before...what you said was completely understandable at the time.