Section 89

[flymo50]

Hello,
I was involved with a dispute with my partner recently.
Basically we have a long history and have been separated for 8 months. She came to my house with my 3 children one night. After the children were asleep we started to argue about money. She has got into a lot of financial trouble in the last 8 months and was blaming me. I took offense to this and explained that she has recieved her �500 maintenance every month, and cant balme me for her mess. She then went to bed in a huff. I pondered the situation and decided to try and resolve the issue. I asked her to come back down and sort this out as it was silly. She then became very insulting, and I went face to face with her telling her to take the insults back. She wouldn't and said she was phoning the police?!?!? I said what for - dont be silly etc. As we were both walking down the stairs I held her arm firmly and said dont do this its crazy. She ran out of the house. I closed the open door and she then rung the bell wanting to come back in. I told her no. An hour later the police arrive and question me. A WPC asks me to confirm if I grabbed her arm or not. I said I did - then she began to arrest me under section 39 (common assault).
I said this doesnt need to be happening and I'd assist them in the morning. Two more police entered the property I was angry at this and asked who invited them in etc. I was bustled into my hall at this time and was reluctantly hadcuffed. My daughters (5 and 3) witnessed this as they were crying on the stairs. When applying the handcuffs I was in pain - and my youngest daughter cried 'daddy', 'daddy'. The red mist decended and I headbutted one of the the policeman. I was then arrested again under section 89(1). I had 6 glasses of red wine and my partner 4 glasses on the night in question.

[flymo50]

Also we both have cautions against one another due to an incident 6 months ago. She hit me on that occation but during the melee she fell over - and I got cautioned for that?
I have no other record at all. Am a proffessional man in a position of authority. Own house etc.
Can you tell me if I can expect a custodial sentance?
I explained all above under interview. And the CPS wish to press charges.
Many thanks in advance.

[Law Man1856]

Hi flymo,

The police and CPS take domestic violence very seriously you have admitted to assault ( 39 ) and then resisted arrest
assaulted a police officer.
What do you think the court will think.
Was any other witnesses present, why did you not just go with the police?

I think it unlikely you will go to prision but expect to be dealt with severely - 6 months ago you were cautioned and the court will see this incident has not learning your lesson.

Domestic relationships are the most difficult to deal with but the well being of the children is the most important thing. What do you think your child think of you headbutting a policeman?

Be prepared for a hard time at court

[flymo50]

Hi Law man,

Thankyou for your answer.

I'm terribly ashamed with the way I acted and do and deserve a hard time a court.

Am I right in saying my probation officer will hint at what the likely course of action will be - after he has made his report?

Again many thanks.

[flymo50]

And finally,

What punishment do you think I'll likely recieve?

Many thanks.

[flymo50]

Anyone have an idea of the likely punishment?

Thanks