Re-offending whilst on probation

weasle62 | 14:09 Sat 11th Apr 2009 | Law

6 Answers

My husband is on 6 months probation for domestic violence towards myself. A couple of nights ago he bacame violent and assaulted me again, i reported this to the police who have taken him in for questioning on the charge of common assault. What is likely to happen? My husband is a turkish citizen on a 2 year probationary spouse visa. Thank you

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stokemaveric

'probationary'' ...means just that....a ''probationary'' period where he must prove that he is of good character..which he obviously is not.....and that he remains on the right side of the law......which he obviously is not.....hopefully they will deport him.....but who am i to comment?

paraffin

Hi weasle:

Has he actually been charged with assault?

Haven't the Police updated you as to what has happened and how this may affect his status?

You should have some point of contact regarding his probationary spouse visa status?

weasle62

Question Author

Yes he has been charged with assault, i assume this is not too serious of a charge and will probably get him a telling off

paraffin

If it is "common assault" it can technically carry a custodial sentence of up to 6 months, or a fine. There are some variations to the term "common assault" and what specifically constitutes the offence, but basically it is the least serious form of assault with which a person could be charged.

I very much doubt that he will only get a "a telling off", far more likely that he will have to appear in Magistrates Court to be dealt with, given the fact that you say he is already on probation for a previous domestic assault on yourself.

I take it that you made a written statement to the Police? If yes, you would in all likelihood be called to Court as a witness.

I assume your husband has to live elsewhere in the meantime?

I would think that the Probation Service would be in a position to advise re his probationary spouse visa.

Good luck.

pinktwink

you will need to give evidence and testify for a sentence. However more to the point men like this thst beat their wives rarely change . Get rid of him. Seek support from domestic violence groups. Get a barring and protection order. Not sure if you have children but do you want them growing up in fear of violence. Get out 'NOW and stay free good luck