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withdrawing a statemant form the police
a couple of weeks ago myself and my husband where having a arguement which got out of hand and resukting to us both hitting each other,some phoned the police who turned up,then someone else got involved amd my husband hit him he got arrested on abh on the man and myself.i gave a statement which i totally regreted so i withdrew it the nxt day,my husband can not come near the house or to contact me or the children,without supervision,my husband as never hit me before or me hit him either this is totlly out of character for him,i dont want anything to go any further i just want my husband back but the police are not listening to me any suggeststions to what i can do,hes a brilliant father and a brilkliant husband
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Hi tiffany,
The Police take domestic violence very seriously. In retracting your statement this will weaken the prosecution case against your partner, however if he has admited the offence of assault on you and the other party the prosecution will continue.
Everyone a some stage have arguments and generally these are deal with between the parties involved, but domestic violence should not be tolerated under any circumstances.
If as you say his actions are out of character then this will be highlighted at court. Did he withdraw his statement against you?
If you feel you are not being updated by the investigating officer ten contact your solicitor or contact the legal aid scheme who will advise you further.
You can also contact the officers supervisor if you feel the investigating officer is not keeping you up to date with the case.
The case will be refered to the CPS who will decide if it will go to court. The CPS will only proceed if they feel they have a good chance of prosecution.
The other person assaulted has he withdrawn his statement?
All the above evidence will be reviewed by CPS and then a decision to prosecute will be made.
If it goes to court the prosecution will not call you as a witness as it would not support thier case, but the evidence of the other man and a charge of ABH are vry serious and may still go ahead due to the serious nature of the incident and his injuries.
The Police take domestic violence very seriously. In retracting your statement this will weaken the prosecution case against your partner, however if he has admited the offence of assault on you and the other party the prosecution will continue.
Everyone a some stage have arguments and generally these are deal with between the parties involved, but domestic violence should not be tolerated under any circumstances.
If as you say his actions are out of character then this will be highlighted at court. Did he withdraw his statement against you?
If you feel you are not being updated by the investigating officer ten contact your solicitor or contact the legal aid scheme who will advise you further.
You can also contact the officers supervisor if you feel the investigating officer is not keeping you up to date with the case.
The case will be refered to the CPS who will decide if it will go to court. The CPS will only proceed if they feel they have a good chance of prosecution.
The other person assaulted has he withdrawn his statement?
All the above evidence will be reviewed by CPS and then a decision to prosecute will be made.
If it goes to court the prosecution will not call you as a witness as it would not support thier case, but the evidence of the other man and a charge of ABH are vry serious and may still go ahead due to the serious nature of the incident and his injuries.
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thank you fpr your input,finally someone as explained it to me.my husband didnt make a statement against me,the other witness that saw my husband hit the other man have also pulled out their statements and its only the mans statement that is in.i would have thought that they would have dropped his bail conditions ive no family and now because of a silly arguement everything as got out of hand we and im forced to spend christmas alone with my two girls as hes not allowed near us until jan 5th,hes not a threat to us but why wont they believe me when i tell them this!!!!!!!
Tiffany,
If he is bailed to have no contact with you his bail conditions can be varied if he contacts the officer in the case ( OIC ) or his supervising Sgt. Given that all parties now agree that this incident should be concluded then put this to the OIC or the Sgt and they may drop or change his bail conditions. The assault on the third party will still continue due to his statement. The police will fear that if they allow your partner back to your house further violence could result and the police would be questioned in allowing the contact.
The police have extreme experiance of domestic disputes and will always err on the side of caution to protect both side of the argument.
Xmas and New year is a time for families to be together an example being the release of prisioners from prision early for Xmas . try this approach with the OIC and hope he/she is in good spirits and bends the rules.
Otherwise its court on the 5th.
BEST OF LUCK
If he is bailed to have no contact with you his bail conditions can be varied if he contacts the officer in the case ( OIC ) or his supervising Sgt. Given that all parties now agree that this incident should be concluded then put this to the OIC or the Sgt and they may drop or change his bail conditions. The assault on the third party will still continue due to his statement. The police will fear that if they allow your partner back to your house further violence could result and the police would be questioned in allowing the contact.
The police have extreme experiance of domestic disputes and will always err on the side of caution to protect both side of the argument.
Xmas and New year is a time for families to be together an example being the release of prisioners from prision early for Xmas . try this approach with the OIC and hope he/she is in good spirits and bends the rules.
Otherwise its court on the 5th.
BEST OF LUCK
For many years the police were villified for not taking domestic violence seriously and not doing enough to protect the victims of this type of abuse.
I appreciate that you insist that this was out of character but on your admission he assaulted you in the street and also assaulted a third party , who may or may not have been trying to intervene on your behalf.
As someone who visited scenes of domestic violence for nearly 30 years I can state from my experience that I never visited a house where that incident was the first.I usually saw women after many attacks and they often chose not to prosecute mainly because they thought their partner would change his pattern of behaviour or they were afraid of being on their own.
In recent years the police take more positive action to protect partners and children even if this means continuing with a prosecution without the active support of the aggrieved party.
If your husband is truly penitent then he will abide by the interim bail conditions and submit to anger management training.Indeed it may be appropriate for you both to undertake some kind of counselling.
At the end of the day the important thing is your safety and that of your children and the police would rightly be criticised if they allowed your husband home too early and further abuse happened.
Domestic abuse must be dealt with firmly in every case or it does a disservice to future abused women who seek help.
I appreciate that you insist that this was out of character but on your admission he assaulted you in the street and also assaulted a third party , who may or may not have been trying to intervene on your behalf.
As someone who visited scenes of domestic violence for nearly 30 years I can state from my experience that I never visited a house where that incident was the first.I usually saw women after many attacks and they often chose not to prosecute mainly because they thought their partner would change his pattern of behaviour or they were afraid of being on their own.
In recent years the police take more positive action to protect partners and children even if this means continuing with a prosecution without the active support of the aggrieved party.
If your husband is truly penitent then he will abide by the interim bail conditions and submit to anger management training.Indeed it may be appropriate for you both to undertake some kind of counselling.
At the end of the day the important thing is your safety and that of your children and the police would rightly be criticised if they allowed your husband home too early and further abuse happened.
Domestic abuse must be dealt with firmly in every case or it does a disservice to future abused women who seek help.
i am partly to blame for the arguement as especially the hitting hes came off worse than i did,but you know nobody blinked an eyelid when i told them that and it makes me so mad that when a man hits a woman its classed as domestic violeanc but vice versa its a laugh!!!!!thats not right.i waqnt him back bcause hes my husband and i love him,this isnt a one sided story.thanxs
Domestic violence is not limited to men hitting women - the police will prosecute women how are violent towards husbands/partners but these cases are less often reported.
You are accepting partial responsibilty for the violence that occurred - you and you husband seem to be in a violent relationship. What a great example to set for your children do you want them to grow up and be violent towards their partners?
You are accepting partial responsibilty for the violence that occurred - you and you husband seem to be in a violent relationship. What a great example to set for your children do you want them to grow up and be violent towards their partners?
So either way though Tiffany, he has been bailed on the charge of ABH on the other man. If the CPS decide they have enough evidence to proceed with the case they will do so. As someone else said, you could contact the investigating officer to formally withdraw your side of the case but he will still have to face up to the other part involving the 3rd party.
Has your husband got a solicitor yet or is he holding off until the outcome from the CPS? I would get legal advice yourself and ask a solicitor to write to the CPS/Investigating officer to say you wish to withdraw any complaint made.
The police will not listen to your pleadings about him being a good father cos he assaulted, rightly or wrongly, 2 people on one night, serious enough for a third party to want to get involved. Even with all the pleasings in the world he assaulted someone else apart from you and will have to see what outcome that gives him
You need to take your emotions out of it and act legally to remove your part of the charge. This will weaken the CPS case (against your assault).
Has your husband got a solicitor yet or is he holding off until the outcome from the CPS? I would get legal advice yourself and ask a solicitor to write to the CPS/Investigating officer to say you wish to withdraw any complaint made.
The police will not listen to your pleadings about him being a good father cos he assaulted, rightly or wrongly, 2 people on one night, serious enough for a third party to want to get involved. Even with all the pleasings in the world he assaulted someone else apart from you and will have to see what outcome that gives him
You need to take your emotions out of it and act legally to remove your part of the charge. This will weaken the CPS case (against your assault).
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haven't had time to read down the whole way so sorry if I repeat anything others have already said. it is not the decision of the police as to whether or not he get s charged - this is down to the CPS. if he has been charged and the case has gone to Court the Court are the only ones who can vary his bail. there is a pro active policy on the part of police to pursue domestic violence cases. the withdrawal of statements frequently does lead to a case being dropped but if there is suffificient evidence to go ahead without the victim's statement then they do tend to. when I have been at POlice stations defending people in these type of circumstances the officers often express the view privately that there are cases which benefit from police invovlement but in most cases it is a question of 6 of one, half a dozen of the other and police involvement exacerbating the problem. if he doesn't have a lawyer he should get one ASAP who can explain everything to him with the benefit of the whole story and not just internet advice. Legal representation in the police station is free always. could be tricky if in court tho depending on means.
sorry another thing I'm afraid I don't agree re calling you as a witness. I have dealt with cases where the victim has been summonsed to court to give evidence even tho they have said they don't want to attend. I am not sure that this would be the case with you but you can't rely on that. the court does have that power.
I really hope it all gets dropped and you can build your family back together.
I really hope it all gets dropped and you can build your family back together.
Hi, this story is almost the same as the one i am in, we have just been to court for a variation on bail however this was refuded, the police dont apper to understand sometimes helping the case to promote the police station, i do understand however this period of seperation will make you stronger, i havnt been able to work for 6 weeks as my hubby looked after my daugher whilt i went to work, it looks like i may now have lost my job becouse of this, ive had a social workr visit me, and my dv officer laught and say we are in the system, to add insult to this we are unable to get legal iad so now have to find 1500 for legal representaion, hold your ground and hold your head up, we all have bad times just some leak outside our doors, good luck and keep us posted of the oustcome.
im going through exactly the same thing at the moment, my husband viciously attacked me the other weekend but we live seperately and he came back to my place and all of asudden his mood changed cos i was receiving text messages on my phone, said he was gonna leave went down towards front door then turned round and started punching me in the face and strangling me. Eventually he left and locked my door and took the key with him but luckily i had a spare key i went outside i a state and was taken into my local pub where an ambulance was called. further that morning police took a statement from me but i was still in shock and couldnt remember what i was saying, they arrested my husband and he went court on the monday and was on remand, i then retracted my statement and dropped charges but when it went court 2nd time cps sent him back on remand for a further 3 weeks.
My husband has short term memory loss and his anger comes out when he has been drinking, all i want to happen to him is for him to get councilling and support not prison. While he has been inside my confidence has gone down and im also gone into a bad depression through this
My husband has short term memory loss and his anger comes out when he has been drinking, all i want to happen to him is for him to get councilling and support not prison. While he has been inside my confidence has gone down and im also gone into a bad depression through this
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