assualt

[funkyimage]

Me and my partner had an argument on hogmany that got out of hand. He had been drinking and threatened to punch me and he threw me out of the house. He never hit me and I never had any marks on me. He was arrested and charged with assualt and breach of the peace and released on bail conditions - he's not allowed to contact me or my address. He has pleaded guilty at his initial court appearance. He is due in court again in 2 weeks time and if he pleads not guilty again I have to go to court 2 weeks later to give evidence against him. What will happen if he is found guilty of the charges?

[Cos75]

Depends on the seriousness of the assault. You state he never actually hit you in which case how could he have been arrested for assault? If its a minor case of assault he will probably be fined and made to pay towards court costs.

[Coldicote]

Breach of the Peace was most likely the ground for arrest. My understanding is that a seriously intended threat (a attempt to strike) can amount to assault even if there is no actual contact or battery. I agree with Cos 75 regarding the likely outcome; or perhaps being 'bound over' to be of good behaviour.

[funkyimage]

No he never hit me but he grabbed me and apparently that is seen as assualt. I tried to drop the charges against him but I wasn't allowed to.

[kyoku]

A couple of important questions that need to be answered before I can give my opinion.
1) Where do you live? Scottish law is different from English.
2) Parner or husband?. In Scottish law a wife cannot be forced to give evidence against her husband.

[funkyimage]

I live in scotland and no we weren't married but living together.

[kyoku]

The fact he has plead guilty would suggest he is appearing at court for sentencing (subject to background reports). This would mean you do not need to give evidence against him.
What he pled guilty to would have been formally read out in court, on his appearance, which I would have suspected would have been from custody this being a domestic assault.
What happens with regard to the sentencing very much depends on his background! i.e. Does he have previous convictions for crimes of violence, Domestic abuse etc.
Domestic abuse is not looked on lightly by the courts.
Do you want him back?
If not and he harasses you I would report that with a view to obtaining an interdict against him with a power of arrest.