My parnter has breeched his restraining order.

[emablondie]

Hi,

I really need some answers.my partner assaulted me back in feb,i retracted the statement but the cps followed it through.he was sentenced to a 2 year suspended sentence and even though we lived together a restraining order not to harras,threathen or use violence against me which he did 3 days later, i have reported it he was arrested remanded for the weekend,in court on monday just gone he was charged with a section 39 and a breech of his restraining order,he was bailed and back in court wednesday,now he is bailed until 20th of july.I really do not understand how he got bail, I am a wreck and so confused,it took so much to finally stand up to him and it feels like he is going to get away with it.has anyone any idea as to why he wasnt remanded until the court date.

[emablondie]

whichever way he pleads will I have to give evidence?

[exdc]

I would hope he got sent down to, being as this is domestic violence, on a suspended sentence and breached his bail but there is no guarantee nowadays.

[emablondie]

i know its just unreal......he nearly killed me any court would me mad to let some1 who has no concept of obeying the law walk free.

[exdc]

If he pleaded guilty you would not be required to give evidence in chief (in person) you should be given the opportunity to provide a victim impact statement which is used by the courts to consider when sentencing.

[boxtops]

emablonde - from what you say, none of this is your fault, so please try to stop thinking that you made this happen. He sounds conniving and manipulating, so try to have faith in yourself and be strong (easier said that done, I know). He has treated you appallingly, you didn't make him beat you up - he sounds a thoroughly nasty piece of work. Have you seen your GP about the panic attacks? - they will understand this sort of situation and might be able to help.

[emablondie]

so that would be my orgininal statement??? would I be allowed to attend court even if not giving evidence?

[exdc]

If he pleads not guilty then you may or may not have to give evidence. It is not as bad as you would think so please be guided by the CPS.

[emablondie]

Hi boxtops,

Thankyou...it just has really messed me up n now the lies he telling also,and telling my friend he loves me etc. I have been to the docters yesterday,iv aways got them but never this bad that I cant leave the house.

[exdc]

The victim impact statement or Victim personal statement (VPS) can be included in the evidential statement about the offence or can be done separately, different officers do it different ways.

Yes you could attend court if not giving evidence as long as the prosecution and defence have agreed that you are not or would not have to be called as a witness.

[emablondie]

thanks exdc for your help

[exdc]

Ema, it may be worthwhile for you to speak to a liaison officer at the domestic violence unit to explain all this, I can fully understand how you must be feeling etc.

[exdc]

And I know i shouldn't say this but please do not let this maggot back into your life, he will try and con you, blame you, loves you and will change, I assure you he will not change, ever.

[sattty]

hey hope your ok got to say can't believe how alike we are i felt the exact way sometimes still do rust men like these get in our heads good and proper but as you said you did the right thing so dont worry hun. Trust me he will try everything trick in the book now to make you think of him as you said he told your friend to pass on a message you could report that and they could arrest him for passing a message onto you as he is not allowed to have contact thats if your friend is willing to be a witness to that. Have you seen a doctor about your panic attacks you really should see one.

[sattty]

by the way if you have given a statement they may have all the evidence they need and wont ask you to come to court unless you have said that you want to attend but if you with drew your statement they can still tell you to go to court but can't force you to give evidence if you dont want to you have to tell the CPS that before you go into the court room

[emablondie]

@ exdc as hard as it will be I know i cant let him near me again...i have a victom support worker is that the same??

@satty i know its mental looking back at the situation,always walking on eggshells,i will not be retracting this statement no matter what,he is poison no matter what i feel inside,he has destroyed me. I have been to the doctors x

[emablondie]

@ satty she would but he isnt breeching his order as far as i know

[sattty]

his bail conditions must have been 1 not to have any contact with you. That includes sending messages to friends or family to pass on to you that is breaking his bail conditions they can arrest him for that what did doc say hope all is good

[emablondie]

his bail is only to not treathen or invlict violence or contact me in person by fone or computer. I have to tell them everytime he talks to any1 which i have done during the week but not this time.doc jus gave me sumfn 2 take the edge off

[sattty]

that is crazy my husbands bail conditions were to not contact me or come to the property but even if he contacted some one i knew and passed on a message he could get done for it if that person gave evidence to bet you cant wait to have all this over and done with really feel for you and i really dont think that you should stay at home all the time getting out and getting some air will help you being locked up will only mentally trap you, you got nothing to be ashamed of none of this is your fault going out and doing the things you liked to do before you met him will hekp you get your confidence back

[emablondie]

thanks satty nite x