Domestic violence - no comment to questions in interview with the police - what happens next?

[UbercornsGoggles]

After a relatively minor (pushing and shoving) incident recently I left my partner and reported it to the police. I'm pleased to say they have taken it seriously, possibly because this is an escalation from a previous incident when he really scared me but didn't touch me, and I called the police.

I filed a statement and they interviewed him under caution. I've been advised by the PC he answered 'no comment' to every question and so now the matter will go to court.

Will it go to court though? Isn't it down to the CPS to decide on that? Can anyone tell me what is likely to happen as I have no experience of this kind of thing.

Firstly, well done for reporting it and being strong enough to report to the Police.

Yes it will go via the CPS and they will decide if there is sufficient evidence. Were there any witnesses? Any injuries? Any other evidence to back up your account e.g. video footage etc?

I would say if there is no corroborating evidence and with no admissions, then it will likely be discontinued, at least on the assault element. Are they looking at any other offences such as domestic abuse law offences?

I would contact the OIC (officer in charge) and query that it's going to Court unless its been reviewed by the CPS

Stay strong OP, this is the first step in getting away from an abusive relationship and being free

A neighbour heard the argument but didn't witness the assault and she has declined to give a statement. Partner has kind of admitted it in a text message and the police have that as evidence. I'm not sure what 'offences' the police are pursuing this under.

Thanks for your message about staying strong, I will.

@UbercornsGoggles I have experience of prosecutions. Did you have injuries, whether minor or not? No comment can be taken as a sign of admission with other supporting evidence (which text messages and previous reports would be) as they have not offered any other account or explanation. If all no comment cases got dropped everyone would just say no comment, it's not as clear cut as they've gone no comment so that's it.

If the officer has told you it's going to court, then I would imagine it's going to court. It's not something they'd say unless it was the case. Does he have bail conditions? CPS usually authorise Domestic Abuse charges, but depending on local agreements some "lower level" offences can be authorised by suitably trained Police Officers of a supervisory rank.

Thank you @PieonaBarm, that's really helpful. I was hurt in minor way, but no actual evidence of injury. The PC didn't mention any bail conditions - is that something he would be expected to communicate to me?

My police force is cracking down on violence against women and girls so it may be that local officers have been given authorisation to pursue cases like mine without CPS involvement.

No advice but I just wanted to say you should be so so proud of yourself for leaving and also reporting him.

No hanging about. Onwards and upwards now xx

@UbercornsGoggles yes, you would need to know about bail conditions so you could report him if he breaches them - if he's going to court a breach is arrestable.

They should also be in place to safeguard you. If you know the officers collar number your force may have a "contact an officer" option on their website, I'd send a message asking when the court date is, what has he been charged with, does he have bail conditions and if so what are they. If he's not going to court and it's been explained to you poorly then the answers will make it clear. I can explain any answer for you if you get stuck.

@PieonaBarm thank you. The PC is just coming on shift so I will text him. I haven't met him but he has been very helpful. I do get the impression he's relatively inexperienced though so your advice about what to ask is really helpful.

Report any contact from him and do not communicate with you ex. Any cctv footage before or after?

Ps well done

@UbercornsGoggles no probs, bear in mind it's Mad Friday, which will be very busy, and he may get turned out first thing so may take a bit of time to reply!

In the meantime, whilst you wait for the officer to contact you, and also moving forwards, report absolutely anything new that occurs, even if you can't prove it's your ex. I'm not saying anything will happen, but safeguard yourself and call 101 if it's non emergency and 999 if you feel you need to. You'll never be criticised for calling 999 if it's an emergency or you feel unsafe.

A PP is wrong, you cannot take any inference from a no comment interview. It cannot be taken as a sign of admission. It's in the caution- you're not obliged to say anything. You do not have to give any sort of account or explanation if you don't want to (although if you then bring a defence up later at Court this will be called into question as to why you didn't mention it during interview). This is a right you are entitled to under the law as a suspect.

This will come down to additional evidence as explained above. What's the 'partial admission' on text message?

Did you manage to get hold of the OIC? You say he says its going to Court but sometimes cops do get it wrong and tell people what they think will happen rather than what's been authorised for a charge. Also as PP said, do find out if there are any bail conditions as these should be in place to help protect you.

Best of luck OP

I've asked the PC about bail conditions, referral to the CPS etc but he hasn't responded yet. But as PP said last night was very likely a busy one.

I've PM'd you OP