Common assault charge ???

[milley]

I have recently had heated rows with my girlfriend which have both ended up in a bit of pushing and shoving.
Back in December (the first time) she attacked me waving her arms about and in self defence/provoked I pushed her away and caused a red mark on her face.......her reaction was to leave the house and 'press charges' ....in the heat of the moment.
I was consequently arrested, but within several hours my girlfiriend dropped the charges after a 'cooling down' period. (I was cautioned)
Well exactly the same has happened when she decided to kick-off again back in January ...Only this time when she wanted to drop the charges the police would have nothing of it and now I am on bail until pending a court appearance in May.
My Solicitor said I have a 'bad character record' as I was cautioned some years ago over a very similar 'one off spat' with a former girlfriend .

My current girlfriend wants only but to 'return home' to me as we love each other and she is completely
100% satisfied that she was strongly to blame and provoked me into defending myself on both occasions.
Can she persist anymore with the police/court (who?) to try and put a stop to wasting unecessary court time?
She does not know what to do as we both want to get on with our lives again !
Failing this can you give me an indication as to what charges if any I may get here?
And what is the best route to go down as my solicitor just says dont plead guilty......
Thankyou for any help and advice here......

[dh001]

Milley: Just confirm when you say "My Solicitor said I have a 'bad character record' as I was cautioned some years ago over a very similar 'one off spat' with a former girlfriend" and then you were cautioned again for domestic violence in December 2009? So is this the third time you have been arrested for domestic violence or have I read this wrong?.

[Riss]

You seem to have done this a few times,and it cant be a one off spat if it has happened 3 times.It is up to the police and CPs to decide whether to charge you,which btw they will.Perhaps you and her should both go to Relate?

[milley]

Yes this is the 'Third' arrest...........Also my current girlfriend is NOT going to court to testify against me !!!
Whats the worst case scenario ?

[Riss]

What was the outcome of the other charges?

[Riss]

The police dont need your girlfriend to testify.

[milley]

Previous 2 arrests ..NO charges and just cautioned..

[Zabadak]

This is probably the best guide to what could happen, if you are tried and found guilty: http://www.sentencing...domestic-violence.pdf - check out page 15 in particular for the summary version. The most likely charge is common assault, or if there is evidence of harm, assault occasioning actual bodily harm. In this respect, "domestic" violence is no different from any other kind.

[Riss]

I depends on what area you are in and how they view domestic violence,eg if they have any operations regarding DV. I imagine you wont go to prison,but you need to sort out your anger problems,and so does she.I cant stomach men/women who knock their partners around,I hope you are not one of these.

[Zabadak]

A caution means that you accepted the charge you were accused of: the Police like cautions because it saves them having to go through court procedures to get a verdict. More often than not, they will offer a caution as a way out "if you accept a caution, we can end this today".

[Riss]

Zab-no they dont!