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.

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

From the very little you have posted, he did assault you, but you feel there a mitigating circumstances which mean a) make the assault acceptable and b) are such that this won't happen in the future yes?

If this is the case, then your bar to what is and isn't ok is too low. There are no mitigating circumstances whatsoever when it comes to violence. None. That is why outside agencies are removing you from the decision making process - because your personal threshold is too low, and that means you cannot make sensible decisions to keep yourself safe.

You ar the type they go for

I was the type to forgive my abuser

And let him abuse me over and over

I believed it was all my fault

Please please get help

I even remember 4 years ago posting on here asking why he should do such a thing and how to help him

Quite rightly I got some sternly worded responses

I do understand why people are so didactic when it comes to domestic violence cases but the reality is sometimes more nuanced.

You sound so vulnerable. This ^ there is no such thing as 'more nuanced' he either was violent towards you or he wasn't. It's black and white.

Well, do tell us then. And we can give you good advice can't we? Don't drip feed please babe

As someone who works in investigating crime on a police team I can only give you that perspective. But bear in mind that what 'the other side' (police) will need to be doing ..

Every case put to the CPS for charging advice needs a reasonable chance of a successful prosecution. You say that you haven't been listened to and that things did not happen in the way they have been alleged. One of the first things the CPS will want is the statement of the person who has been assaulted. I assume you have given a statement with your viewpoint ?

For the police to take the time to prepare a prosecution file and to send this up to the CPS without a corroborated statement from you is extremely unusual in most circumstances but much more usual these days in DV cases. This is because it is also very normal for intimate partners to withdraw complaints or fail to cooperate in the first place. However - for the threshold of a realistic chance of conviction to be met - with the victim (you) likely to give evidence in his favour - they must have extremely compelling evidence that a crime of actual bodily harm has been committed. . Based on that fact alone and the bail conditions (bail is also reserved only for more serious cases these days )and limited to 28 days before it needs permission to extend.

More importantly you need to understand the offence he has been investigated for. ABH is much more serious than Assault.

Actual bodily harm (ABH) is a criminal offence under Section 47 of the Offences against the Person Act 1861. The difference between ABH and common assault is that ABH requires a degree of injury whereas common assault does not. ABH requires an injury to be caused that goes beyond a trivial one.

This means that you have been injured in some way. The police believe your partner is responsible. You are telling them 'it's not like that' - and yet they are still spending the time and effort to take this to court .

I think you really need to think very carefully about why your mindset is as it is and perhaps look at talking this over with a DV counsellor.

This must be a very difficult time for you. I do reccomnended having a look at the freedom programme while you are in this limbo state

Many people have found the Lundy Bancroft book helpful.

You might also read up on trauma bonding. All the very best.

Op,

I'm sorry you're going through such a difficult time. I imagine you're feeling very alone right now if no one will listen to you and your friends and family disagree with your point of view.

Do you mind me asking what the mitigating circumstances were and why you have such faith in your partner?

I do hope he deserves you.

i’m sorry I didn’t respond earlier. Everything has been very overwhelming.

i am confused about the conditions of his bail, as my understanding is a DVPO only lasts for 28 days? If this is true, surely after it expires we should be free to contact each other?

Anyone know anything about a time limit on No contact, and how I can challenge it?

I don't understand why you can't just ask the police re the conditional bail details?

Then you'll know exactly where you stand.

And the conditions aren't to punish you, they're to protect you from someone who committed an assault against you that met the threshold of ABH which isn't done lightly.

Why can you ask the police to confirm the details so you know what you can and can't do?

Ask the police?

Did you read my previous message?

Bail is not the same as a DVPO. The bail that he will be on now (CPS Bail) will last as long as it takes for the CPS to make a decision. There is no time limit.

If you want to appeal the bail conditions then you need to speak to a custody Sgt as it is their decision. It is unlikely that they will lift the bail conditions but they are the only ones who could if they agreed it was necessary. Ring 101 and ask to speak to a custody Sgt if you want to go down this route.

There are no ‘mitigating factors’ for ABH.

DVPO and bail are different things. You'll need to confirm which one is in place. DVPOs indeed last for 28 days, bail can be longer depending how long the CPS decide to take.

You haven't said what has been alleged...a lot of whether they will go ahead or not depends on witnesses and evidence.

What possible mitigating factors are there for him assaulting you? What do YOU think you did which warranted that happening?

Oh love. If you were injured as a result of something he chose to do, he is vile. No more detail is needed. Someone who loves you simply doesn’t do that.

You deserve so much better.

OP

Fwiw statistically there is a very high chance that he will do worse next time and then possibly go on to kill you

I rang WA after my abuser broke my toe
She said this to me and I was so offended by her how dare she paint him in such a way

Funnily enough
It did get worse

And ....
He did try to kill me
Luckily I made it out alive

Many don't

If he is on conditional CPS bail, then there is no set time limit. It depends on what the force’s service agreement is with CPS in that area but even then it can be extended if they don’t get back to police within the specified time. The investigating officer should have told you when the bail date is.

The only way the conditions can be changed is if the suspect goes back to the custody Center and the custody Sgt agrees and reissues the bail with the amendment.

However if police believe you are at risk (& presumably they do), they are unlikely to do this.

You can ask to put your views in a Victim Personal Statement - contact the OIC (officer in the case) to do this.

there are lots of mitigating factors.

No factors make him harming you ok @Startingagain86 .

I am not stupid. I would not put myself in danger.

If you get back with someone who's harmed you then you are putting yourself in danger.

So what actually happened? If he didn't assault you what happened to make the police think he did?!