Discharge Of Orders

[Imnotguilty]

Can anyone help I have to stand trial for common assault I have an occupation and non molestation order against me. The advice I have that I should ask for a discharge of both. So my question is when I get a not guilty verdict when I go to family court can I ask for a discharge as neither order will have the backing from the criminal courts. Many thanks.

[New Judge]

Firstly:

"...when I get a not guilty verdict..."

Don't you mean "if"?

That aside, what were the orders imposed for? Was it connected in any way to the matter you face the trial for?

[Imnotguilty]

Yeah apparently domestic violence I've been reassured of not guilty as there is evidence that my ex girlfriend was the perpetrator.

[New Judge]

I wonder what evidence that is? Presumably you acted in self-defence and the CPS obviously overlooked it. Anyway, no matter.

When you say they were "apparently" issued for domestic violence, don't you know for sure? Was it following a conviction? Were you not there when they were issued?

Whatever they were issued for, have the circumstances that led to them being issued changed?

[Imnotguilty]

I did act in self defence but the CP's charged me that same day I'm confused with whats going on as told the police she attacked me so pushed her away two days after I left custody my brother noticed bruising so took a picture and sent it to my solicitor this bruising was on arm and chest and bottom of neck I was charged with assault so I'm assuming that's the reason for both orders. She claims she was pregnant but there is no medical evidence to prove it and my solicitor is shocked that the police never had her checked out. Especially as she claimed to be pregnant. I've now been on bail since August.

[Imnotguilty]

This is why my solicitor has said it will be not guilty as the police took one side of the story never wanted to listen to what I had to say and I forgot about the hand injury the police took me to hospital I just can't understand why I was charged.

[Peter Pedant]

I think your solicitor has the matter in hand
and that you should follow his advice

remember that family court order are at a lower level of proof than criminal so it is quite possible to have a family court order in place when there are no criminal charges. But you have a lawyer and he has all the facts - ask him.

You have asked - can I ....
when you mean - what are the chances that I can get an order varied ....
and we dont have enough facts to judge - your lawyer does