Could A Case Be Thrown Out Of Court?

[cheltman5a]

I am facing court because of my ex, for criminal damage and common assault.
Late last year my ex told me that needed to be taught a lesson by being charged with something, I asked her why and what with her reply was I dont know what do you fancy.
Moving to Feb this year I told my children to family gathering and because me and my ex are and haven't be a couple for while I felt it was nessary to inform her that I was doing this. When I returned the child back to there mother I got a phone call from the mother swearing at me about taking the children to this small gathering. A few days later after speaking to the mother before I went to see the chlidren and she said that she was fine. I was talking to the mother and not relised that she had drank a full bottle of wine she then started to aruge with about it for 3 hours which I filmed on my phone, I was sober and didnt drink and let her carry on and took it all she blew her self out and went to her bed. Forwarding to March the easter weekend I met them and spent the time with my daughters on the Saturday the ex went to work so I was left with my girls. Round lunch time she came back from work and was being funny but not in a funny way she complianed about me not clearing the bread board and things away so I did, later that night once the children had gone to bed I wasoutside having a cig when she came out and demand that I inform her where and who I take my children to see. I agreed to save the argument went inside and watch TV she came and sat down then began again to argue with me about how she doesnt want our daughter telling her that her grand parents aunts and uncle are her freinds for a week I sat there and swtiched off, she continued in rised voice I got up and told for a week its been over a month and Im still hearing and walked out of the room to the spare room. She got up and contiuned to shout at me I closed the door and just closed it before she got to it, I had to hold the door to stop her getting in and she screamed at me through the door this is my house open this door. Now she may be small but she is strong and couldnt hold it any longer she got in the room. I told her that I argeed to what she wanted and asked begged and pleaed for her to leave me alone for 10 minute till she'd calm down she wouldn't leave so I collectd my belongings and tryed to leave the room she blocked me exit and wouldn't let me out. I didnt force or touch her to get out of the room but got out any way she tryed to grab my bag to stop me from leaving I ran downstairs to the kitchen with her following me shouting at me I put my shoes on and got out of the house got in my car a drove away from the house and parked up for a bit. She sent me texts saying it was a shame that I would be spending the easter weekend with my girls, I went back to the house think she would have calmed down and knocked on the door she let me in I didnt force my way in (the house is in both our names, I just dont live there) I stood by the door way I was just about to speak when she attcked me shouting get out! slapping punching me I went down to the floor to get my phone that she knocked out of my pocket, still hitting me round the back and head I stood up and held her to stop her hitting me. I got hit on the back of the head by a kitchen door then found myself in the kitchen dazed she grabbed my right arm and went to bite me I pulled my arm into my body and it pulled her with it, still holding my arm I swung it back out away from me this releasing one hand then pulled it back into me to release the other and beacuse she was in front of me I acidently with an open hand caught her in her face. I went to the stairs to hear the children when she ran behind me and grabbed me again screaming at me. I did cover her mouth and asked her why is she doing this? I walked back down the stairs and she said her name and address at first I asked what she was doing I looked behind her back and she had the phone and made a 999 call.

[cheltman5a]

Continuing
She flung her arms about and hit me with the phone on the head I managed to get the phone off her and threw it away from her but it hit the wall and broke. I tryed to leave the house but and load of kitchen units doors stopped me from leaving so I picked one up and told her "here" and passed it back to her she grabbed it with both hands then I let go open the door and left. The doors apprently broke the skin on her arm when the police showed me the pictures which I had no idea of. She let me in the house attcked me then phoned the police. Now she wants me to go into court hold my hands up take what ever the court says and that will be it. The problem is that this is a criminal charge which will stay with me for ever, she told me that Im makinga big thing out of it and its like a speed conviction! but a speeding conviction lasts four years. I have spoken to a few people about this and they pretty much say the same thing, That if I take a gulity plea that she could any point in the future even though we are not a couple and will never be a couple we are just parents that all she has to do is ring the police and next time would be prison. she would have a hold on me forever. And because I took my daughters to a family gathering that she was invited too.

[Tilly2]

Some people lead very complicated lives.

Have you actually been arrested?

[Tilly2]

.....and charged?

[EDDIE51]

Have you actually been charged with an offence if so what offence is it?
Your story is very hard to follow and the poor punctuation makes it even harder.
You will only 'go to court' if you are actually charged with an offence. Your 'ex' can not charge you and take you to court, only the police and CPS can do that.
Get back on here when and if you are actually charged with something.

[Tilly2]

Well he hasn't answered me Eddie. Let's see if he answers you.

[EDDIE51]

This looks like a case of a shouting match that got out of hand. I think the people concerned will just get told to act more sensibly in future . It's only common assault at the most, probably not worth charging.

[cheltman5a]

Sorry if its all over the placed didnt read it
It happend in a somerset and Im in glos so I have to travel 80 miles the copper told me to go down to be processed and I have been told that the charge is criminal damage and assualt, and he did say its a minor assualt.

[EDDIE51]

When you go to the police you will be told exactly what the charge is. You still may not have to go to court, the police may offer you a 'caution' to settle the case without it going to court. Or the CPS may decide the case is not worth prosecuting and not proceed with the case.
What people have been telling you about '' ringing the police and next time you will be in prison'' is utter total rubbish!!
If this does go to court and you plead guilty whatever sentence you get will be the end of it. For common assault there is NO CHANCE of a prison sentence. For a case like this a conditional discharge is the most likely 'sentence'. At the very worst you could get sentenced to a few hours community service

[cheltman5a]

Its the CPS that are taking it to court, they say there is enough to go to court, I waited two months for them to come to this, the police caution went because I couldnt get down there with in a space of time and that is why it is going to court. if I plead guilty I will have a criminal conviction for life which could screw me.

[EDDIE51]

It is ALWAYS the CPS who decide to prosecute cases.
As you did not take the caution this will go to court. The reason you did not take it does not matter.Go to court and plead guilty at the first opportunity. You have admitted the offence so you can hardly plead not guilty.
The very worst that can happen will be you get a short community service sentence to do a few hours unpaid work. I still think this will end up as a conditional discharge however. It will NOT 'screw' you, but as it is a conviction for violence it will always appear on an enhanced disclosure CRB check. An enhanced disclosure is only needed for a few jobs such as working with vulnerable adults or children.
It will look worse though if you decide to plead not guilty and are then found guilty after a trial.
Even if you do want work that needs an enhanced disclosure as long as you explain what happened and why , you still stand a good chance of getting the job.