Conditional bail?

[Startingagain86]

How long does it last for? My partner is on conditional bail and has been for nearly a month, the conditions being he can’t come to the house or contact me. The case (he is being investigated under suspicion of ABH) has only just been sent to the CPS. He has not yet been charged and I have been told that the CPS have 100 days to make their decision. I miss him so much and intend on being with him. Is there a limit to how long the bail conditions can be imposed for? And is it possible to get them changed? Thank you.

Is this his first offence?

Is he innocent though? Of assaulting you?

I appreciate you didn’t call the police. I understand you don’t want them involved and you want to be with your partner.

But you know the answer to this question. And if he did assault you then you need to understand that the police and CPS are going to continue with their jobs and that whilst doing so the bail conditions will remain in place.

CPS are supposed to prioritise domestic abuse cases within 30 days of receipt but their caseloads are huge at the moment. What I have found helpful as a police officer is to contact them after 30 days saying that the complainant (victim) has requested an update. This usually helps with escalation. Perhaps you could ask your nominated officer in the case to do this on your behalf in a month’s time.

Which is why I am saying to engage with the IDVA. I chair many multi agency meetings for victims of domestic violence remaining in relationships. This is not uncommon. All these comments will do is drive you to silence where you feel your only support is your partner (abuser) take every suppprt offered. If he is offered supper to prevent him re offending take it. You are not alone. Do not isolate yourself. Keep talking and explain to your family and friend me what you need from them.

Nothing nuanced when it comes to Domestic Violence.

it can be Physical, emotional, financial, sexual .. whatever form it takes, it unacceptable.

From someone who has been raped and emotionally abused in a relationship - and it took me years to realise it

Thank you for this. I do understand why people are so didactic when it comes to domestic violence cases but the reality is sometimes more nuanced. I am not stupid. I know my partner poses no danger to me

@Startingagain86 It sounds like he was violent to you in some way, though.

Exactly this, i made a similar post about 4 years ago I genuinely believed the police had overreacted and felt I couldn't cope without seeing him - that in itself is not normal or healthy.
You've got the exact same attitude I had when I was in denial and ABH is rarely over an assault that didn't happen, that usually involves some form of injury however slight.
The police have more experience of male offending than you do, they're also not in love with your partner so they're seeing him differently to you.

Maybe they're dragging it out to a) protect you, b) to give him plenty of opportunity to breach his conditions and create a stronger case against him?

A relative is on bail for something similar and was told there is a massive backlog at the moment. Its been 2.5 years and they haven't even taken statements yet; they just renew bail conditions. This is in a case as well that his lawyer said would not go to court because there is literally zero evidence. So the good news is, in all liklihood, you'll have time to consider how your life improves without this waste of oxygen.

Thanks for this; it is helpful and measured. Unfortunately the investigating officer in this case has not been. She appears uncommunicative and unempathetic . I understand this to an extent as I understand how people feel about domestic abuse (which is also very much how I feel). But in this case the incident did not take place as reported and there are lots of mitigating factors. I am not stupid. I would not put myself in danger. And yet I am being treated like I am and have lost control over my own life and even my freedom. It does not seem fair and is incredibly detrimental to my mental health. So I am sorry if I am defensive but this why. Because it does feel at times like nobody is listening to me.

Op

i don’t know what happened to you but I do know the custody sergeant decided the threshold for ABH was met.

sadly your situation is not uncommon and they see it at the station frequently.

the only thing I would say is that this is unlikely to be an isolated incident, domestic violence is always accompanied by emotional abuse.

you aren’t the first women to want to be back with their abuser and you won’t be the last.

one thing I know is that if you stay with this guy you have not had your last assault.

How can anyone listen to you when to give less than half a story?

It's clear he's physically hurt you. The circumstances around this and his intentions arents clear.

But surely you understand people will jump to conclusions if given half stories?

I don't know or care for the details, I just hope the criminal justice system pursues any crime involved and prosecutes accordingly. People who hurt others shouldn't be free to resume or repeat that.

In your defense OP, it is a big life shift, especially if you are financially dependent or sharing finances, etc. For me, the admin/finance side of life became quite complicated with regards to bills/mortgage/expenses, etc. But I quickly got a handle on all of that. My situation is different to yours in that I am the one who reported my former husband and his crime was quite different to your partner's. But I can see how your every day life can go into a tailspin when your partner is no longer there to share the financial load in particular and you can't communicate with him about these things. You'll be ok. You've looked after yourself before. You can do it again.
The investigating officer's personality aside, you should get a copy of his bail conditions. And really, you must get your finances in order. This will be a long process... whatever the outcome, whether you stay with him or not, you need to look after yourself and keep a roof over your head. You kind of need to go into pragmatic mode here and survive.

Well if you are the alleged victim in all of this, I would expect the Police to want a statement from you as part of their investigation. Then you just have to wait unfortunately until CPS make a decision.

So I am sorry if I am defensive but this why. Because it does feel at times like nobody is listening to me.

Because you haven't actually said he didn't do it. You just keep saying "not everything is black and white" which basically comes across like he DID do it and you are making excuses for him, because whether or not he assaulted you is black and white.

OP so they have some facts wrong BUT did he assault you?

You must have been injured for them to pursue ABH. I realise you may not want to disclose what or how but minimisation, on the face of it, puts you at risk. That is the reason for the bail conditions. I hope you come to see that.

In terms of timescales, cases in my area are typically taking around 18 months. It can be much less if the defendant admits the offence and pleads guilty as it reduces the amount of investigating that needs to take place. It reduces the sentence too, however if it is a non-custodial sentence the court has the power to make an order to stay away from you as part of a community order or suspended sentence.

This is a really difficult time for you - do you have any support from local services?

Hi op my ex partner was on conditional bail for 2 years due to DV they won't rush I went to a solicitor to say I made the story up made myself look like a lier I got no thanks for it a few weeks later he did the same again to me that's why he's my ex

‘There are lots of Mitigating factors’.

So he did assault you but has persuaded you that it is your fault as you were winding him up, or something along those lines?

Who reported the alleged abuse ?
ABH means the victim (you) suffered (presumably)visible though relatively minor injury. If you hadn't, the proposed charge would be common assault (still not acceptable within a relationship)
Why are you in denial ? Has he groomed you already to believe you were in some way to blame ?
Are you financially dependent on him?
So much isn't making sense OP.
As far as DV goes I'm a firm believer in one chance only. You are an adult so it's obviously your decision but I'd use his bail term to do some very hard thinking about this person. I hope there are no children involved
Conditional bail isn't something that is imposed for no reason.

There’s isn’t such things as mitigating factor (maybe apart form being insane) in DV/ABH. Wether he was

• drink


• high


• pissed off


• provoked etc

if he caused you harm he is guilty.

It’s very common for DV victims to not realise they’re abused or find million excuses for their abuser.

And it’s even more common for some of them to welcome their abusers back with an open arms.

Many MNtters have being through it themselves, hence they hesitate to believe his 100% innocent. Same for law enforcement, I’m sure they’re seeing it way too often.

From a legal point of view:
“Assault occasioning Actual Bodily Harm (ABH) – s.47 OAPA 1861
The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan [1934] 2 KB 498).”

Without considering any context whatsoever did he assault you? This can include striking, hitting, kicking, punching, slapping, hair pulling but is not limited to those actions.

If he did assault you then any context is secondary.
If he is of full capacity then why was he violent? In my experience, people who do this once will do it again.

You didn't need to "divulge" for PP to know that someone whose bail conditions include a ban on contacting you or entering your home must be on a charge for something major.

Women in abusive relationships/post-separation abuse situations who are desperately scared of their partners find it horribly hard to get this kind of ban.

So your man has clearly been accused of something dreadful. Why do you want to be with him?

He can be released from bail conditions " pending investigation" which means he no longer has to adhere to the conditions but the police can come back a year later and decide that they want to charge him.

So he did assault you, but you think he has a good reason for it?

People are going to make assumptions if you’re vague and post half the story, I think you know deep down it’s not acceptable hence you’ve not given the details.

Is this post real? Why would anyone want a violent person around them!