Domestic abuse

[clarebel]

My ex partner has recently been charged with battery against me but is pleading not guilty. I have to go to court as a witness. He has previous convictions for the same thing as he has done this to several other women in the past. What are the chances of a custodial sentence?

[Law Man1856]

Hi Clarebel,

Sentencing is determined on the evidence of each case.

Yes previous occasions or incidents will help to show he has a history ( propencity )but his actions against you on this occasion will be on trial at court.

The courts take domestic violence very seriously, and he could receive a custodial sentence but this will be a matter for the court.

Your solicitor and the Witness care officers ( CPS and Police ) will help you pre and at court.

Prepare your case fully and he may change his plea at the court to receive a reduced punishment saving you the court experiance.

Battery ( Sec 39 Assault ) although sounding very bad is actually the lowest ranking of the assault charges.

Did he slap or punch you and do you have any injuries and were these visable to the police and photographed?

The greater the weight of evidence against him the more chance of him being convicted.

GOOD LUCK

[clarebel]

Hi

Thanks for your response.

He has had several pre trial reviews but is still pleading not guilty. I know that previous convictions cannot be used against the perpetrator until he has been found guilty.

I must say that I have not found the police or my witness care officer particularly helpful as I seem to get conflicting information from them both.

Yes I had visible injurie where he slapped and punched me but the police didn't photograph it. they suggested that I went and had them recorded by my GP which I did, but I have my doubts as to whether that will suffice.

In cases like this is it more likely that he will get community service?

Clarebel

[fountain]

On the information given, his chances of a custodial sentence are high.
But the max sentence will be six months. Therefore out of prison in 4 months. This is the absolute max.
Isn't the law great?

[clarebel]

Thank you fountain.

Yes the law is fantastic! Makes me feel so cross as someone like him doesn't deserve to be on the streets when he has damaged several womens lives so badly!

[seatrout]

It is possible now for the prosecution to make a bad character application which could mean that his previous convictions could be read out in court. The CPS lawyer will deal with this if appropriate.

If you are nervous of giving evidence ask the witness support peoole if you can give your evidence behind a screen or even over a TV link

Be brave - if you turn up at court he may well change his plea. If he is convicted after trial he will probably get prison if he pleads guilty he may get away with a suspended sentence. Turn up at court and let him do the worrying

[shazzzz]

it will be very hard for you to stand up in the witness box,three times i went he even took a barister to court on one occashion ,but i kept on coming someone is killed every week from domestic violence ,i was robed of my dignaty self asteam and confidence ,and i took it all back .i never found witness protection much cop, no one to meet me at court and when i did meet the lady she told me i should be greatfull because ,she showed me where the toilet was, im not sure what she looked like but i remembered she had dreadfull dandruff,speak to the officer in the domestic violence unit she was great,you wil have a majority of people on your side in the court i took photos on my mobil down loaded them ond had them blown up .my medical evidence went a long way ,first conviction for him hundred and fourty hours comunity service six months probation four hundred and thirty pound fine and all his solictors and barister s bills to pay for ,and a hundred and fourty pounds compansation for me .and as he came from the court a nice years injunction baning him from even entering the street, he lives in reading with some girl,i can only feel sorry for her, good luck