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My ex husband of 10 years has caused criminal damage to my car
8 Answers
My ex has just thrown a corrosive fluid all over my car, bonnet, doors, roof, boot, wheels, mirrors, bumpers the lot except two doors. He did it in broad daylight from the drivers side of his van having pulled up next to my car drizzling the fluid as he passed. We have been divorced 9 years and I have nothing to do with him.
The police now have a warrant for his arrest and say they will want to prosecute for criminal damage under domestic violence. However, I am worried my ex may be able to wriggle out as the footage I have does not show registration number or him as the driver. The van is company logo'd and the logos placement clearly mataches the photos of the van the police have.
Is it likely this case can be dropped due to lack of reg number/driver identification. I am so worried beyond belief.
The insurers are suggesting my car may be a write-off as the extent of damage is so severe it's not just paintwork it's lots of parts as well!
If the police prosecute what could I expect from the outcome will it help me at all?
Also is there a way to get an injunction against him at no legal cost and while the police have an open case?
Any help fo advice will be greatly appreciated?
The police now have a warrant for his arrest and say they will want to prosecute for criminal damage under domestic violence. However, I am worried my ex may be able to wriggle out as the footage I have does not show registration number or him as the driver. The van is company logo'd and the logos placement clearly mataches the photos of the van the police have.
Is it likely this case can be dropped due to lack of reg number/driver identification. I am so worried beyond belief.
The insurers are suggesting my car may be a write-off as the extent of damage is so severe it's not just paintwork it's lots of parts as well!
If the police prosecute what could I expect from the outcome will it help me at all?
Also is there a way to get an injunction against him at no legal cost and while the police have an open case?
Any help fo advice will be greatly appreciated?
Answers
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You must leave the police to gather whatever evidence they can to support a prosecution. From the information you have provided he may have some difficulty convincing a court that it was not him.
If he is on police bail whilst enquiries proceed they can (and should) impose conditions preventing him contacting you. If he is charged the magistrates should impose similar conditions until the case is concluded.
If the matter comes to court, even if he is not convicted the prosecutor can ask for a restraining order to be imposed to protect you. The court is unlikely to award compensation for the damage to your car if it is covered by insurance, but they may award you compensation for your uninsured losses (e.g. your policy excess). Compensation will only be awarded in the event of a conviction.
If he is on police bail whilst enquiries proceed they can (and should) impose conditions preventing him contacting you. If he is charged the magistrates should impose similar conditions until the case is concluded.
If the matter comes to court, even if he is not convicted the prosecutor can ask for a restraining order to be imposed to protect you. The court is unlikely to award compensation for the damage to your car if it is covered by insurance, but they may award you compensation for your uninsured losses (e.g. your policy excess). Compensation will only be awarded in the event of a conviction.
This is obviously a glorified domestic to which there is never a straightforward solution. You may claim to have "nothing to do with him" but that sounds far fetched - there is clearly "history" between the pair of you.
That, however, does not give him the right to damage your property, but the bottom line is proving beyond reasonable doubt that he did it. You mention his boss, however, it's quite possible that s/he may be very reluctant to become involved, especially if s/he has been dragged into your spat in the past.
Injunctions are all very well but are merely temporary measures and this saga could quite easily last another nine years without satisfactory resolution.
I hate to advise anyone not to stay within the law in order to resolve their problems, but perhaps your ex would respond better to some "words of advice" from those physically able to stand up to him - if you get my drift?
That, however, does not give him the right to damage your property, but the bottom line is proving beyond reasonable doubt that he did it. You mention his boss, however, it's quite possible that s/he may be very reluctant to become involved, especially if s/he has been dragged into your spat in the past.
Injunctions are all very well but are merely temporary measures and this saga could quite easily last another nine years without satisfactory resolution.
I hate to advise anyone not to stay within the law in order to resolve their problems, but perhaps your ex would respond better to some "words of advice" from those physically able to stand up to him - if you get my drift?
So has your ex been arrested for the offence yet? If not then it is extremely early days on regards to worrying about possible sentences or compensation.
He will have to be interviewed regarding the offence and following that a decision will be made as to whether there is sufficient evidence to charge him with the offence.
Speak to the officer in charge of the case and I am sure that they will be able to answer all of your questions.
He will have to be interviewed regarding the offence and following that a decision will be made as to whether there is sufficient evidence to charge him with the offence.
Speak to the officer in charge of the case and I am sure that they will be able to answer all of your questions.
If once your ex is arrested and bailed, the police can place conditions upon him not to contact you directly or indirectly (however if you have children together than the custody sergeant may be reticent to place these conditions) until he goes to court. If he was to go not guilty at court and bailed to return for a full hearing then the court can impose bail conditions also - the court can impose a higher punishment for breaching court bail.
I find it unlikely that the prosecution in a criminal damage case will apply for a banning order or injunction unless it can be shown that this is part of an ongoing course of conduct by your ex against you - if that is the case than the pice should be considering a case of harassment against your ex as well. If it is a one off incident than I believe there will be little grounds to award a injunction. You can however apply for one yourself at county court. Ask at CAB about non-molestation orders and how to obtain them.
I find it unlikely that the prosecution in a criminal damage case will apply for a banning order or injunction unless it can be shown that this is part of an ongoing course of conduct by your ex against you - if that is the case than the pice should be considering a case of harassment against your ex as well. If it is a one off incident than I believe there will be little grounds to award a injunction. You can however apply for one yourself at county court. Ask at CAB about non-molestation orders and how to obtain them.
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