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confused | 21:47 Sat 16th Apr 2011 | Criminal
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Hi,
Cut long story short my ex has been charges with ABH with intent and common assault, he has given no comment interview and no plea, case has been adjuroned to follow pre trial 25th May then crown court hearing.
During the last couple weeks he has been texting, ringing, emailing, messages on facebook and msn. I have reported to police and after 10 days of ringing them and making new statements on daily basis they have arrested him and he has been charged with breech of bail and witness intimidation. He has been remanded prending sentence 4th May.
Im little cofnused (and have to say police and IDVA have not been very helpful) does this mean he will be sentenced for the breech and kept on remand till 25th May for the assault charges?
Im really worried in case he is released and althought there will be conditions he has never taken any notice and now with being arrested again im concerned he will be more aggessive and unwilling to stick to the conditions if not remanded.
Also does anyone know what sort of sentence he is facing for the breech and also the assault charges?
Please does anyone know what is normal for this type of case?
Thank you for all your help in advanced
Emma
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Hello Emma

Your Ex is likely to remain on remand for the index assault charges.

ABH carries a maximum custodial sentence of 5 yrs and / or a fine, common assault max sentence is 6 months and / or a fine. Both assault offences are aggravated by the fact they are domestic related assaults. (sorry i dont like to predict sentences).

I hear what you are saying about the police etc but has anybody given you guidance regarding injunctions?
Question Author
Hi exdc,

Thank you for your reply.

ABH he held knife to my throat and threatened to kill me but left no marks or anything and the common assault he held me down on bed and threatened me with scissors and left tiny scratch.
He done the same thing last year and i ended up dropping charges as it was causing me too much stress i ended up in psyc unit for week due to depression and anxiety.
He also has previous common assault charge against me 4yrs ago which he was given 18mths probabtion and DV course.

The police told me they are putting notes to court about injunction and recommeding he attends anger management, AA and another DV programme.

At plea hearing i was told by police they was looking at custodial 2yrs for him but now im getting the impression he is going to get community order or something, which scares me.

I have spoke to my solicitor who has advised me he cant do anything till the case is closed as injuction clashes with bail conditions or something.

Im just so worried about what his mind set will be like now and as he has broke bail conditions over and over and its taken while to get him remanded what exactly i have to protect me once he has been convicted.
I don't know the answer but I would hope that the police are looking out for you, if he should be released, could you go to a place of safety or a refuge?
Question Author
Hi Boxtops,

I have thought about moving far away and making fresh start but the problem is i have 4 young children who are in school and nursery and finances are not great either so bit stuck at the min.
I have spoke to womens aid and they have offered to put my in temp hostel which if needs must i will do but am a little worried abotu doing with the kids, not that im snob or anything far from it but just worried about what the effects will be.
I have no confidence in police to be honest, i rang them on wednesday when he held me on the bed etc and he ran away, police came out i explained what happend, they said they would go and find him and come back for statement but didnt. I stupidly let him back in the house sunday to see the kids when he badly assaulted me again, but this time the police caught him and arrested him after he was hiding in my back garden for 3hrs!
Throughout all the case i have been ringing all the time to get updates etc never had any information or advice from police, i even had to ring the court to find out he had been remanded 2 days after appearence as the police didnt know what had happened!
So sorry dont feel i can rely on police to protect me to be honest, think ill get a massive dog or bodyguard lol
Anyone fancy a job? Sorry i have to laugh i will not cry over this nomore i have to stay strong to get through! x
Hi Emma

The particulars of the charges are at the higher end and hopefully the police are correct in their sentencing predictions (i.e. 2 yrs custody) but please remember your ex has to be found quilty before any sentence can be passed.

Since 2006, it is a requirement that youare kept updated about your case, http://www.cps.gov.uk...operational_guidance/

Also, please have a look at the following links:

http://www.ncdv.org.uk/index.html
http://www.ncdv.org.u...LawCanProtectYou.html
Question Author
Exdc,

Thank you so much for the links, i will contact NCDV, looks like they maybe able to give me some protection.
Would have thought police or IDVA from womens aid would have helped me in this way but hey, thank you for your help.

I understand sentencing is not easy to predict lots of variables, however im hopeful he will be found guilty, there is police reports, police photos, hospital and GP reports, they have also take my mobile as evidence and had logs from phone company and MSN and Facebook history files, plus i would persume they will take into account previous charges of assault.
All i can do is tell truth and hope x
Im not sure prison is the answer, although i will feel sfer knowing he wont be able to get to me or kids like i said its what happens after hes served his sentence that worrys me, but hopefully NCDV and solicitor can put some things in place to help the situation.

Im so mad at myself tho for putting my kids and myself through this. I wish i had been stronger years ago but you cant live in past all i can do is make sure kids are happy, safe and loved x

Thank you again for your help
good luck confused, keep in touch x
Hi Emma

Dont blame yourself etc etc.

Civil injunctions can be very expensive to obtain but you will see that NCDV can in certain case obtain them for you all free of charge (subject to certain conditions) but do contact them to see what they can do for you.

PS unfortunately the police have lost it when it comes to real victims of crime.
Question Author
Thank you Boxtops.
Will let you know what happens. Fingers crossed for me x
Take care x
Question Author
Yes Exdc, im afraid im not too pleased with police but they are finally doing their job rite now so hopefully they will get all the evidence together and cps will put good case forward and can get conviction!

I am willing to do whatever i need to do to ensure my kids safety, money is not what i need to worry about i will work day and night if it means i can have peace of mind my kids are as safe as they can be!
Nothing and nobody will ever come between my kids happiness. I am learning a very hard lesson, hopefully in time can put it all behind us and face life with smile again!

Thank you again x
Take care im off for some beauty sleep - really need it lol x
Cant offer any advice but just wanted to say I admire your positive attitude and really hope this piece of scum gets put away from you for a long time.
Question Author
Hi Tigwig,

Thank you for your encouragement means alot x
I hope justice is finally served fingers crossed

Im off to speak to solicitor tomorrow and have police visit for another updated statement im getting really good at them now with all the practice lol

Had new security lights and cctv cameras fitted and having new fencing fitted tomorrow feels like im in prison a bit but as long as my kids and i are protected then all helps i guess

Had lovely day with kids today and forgot everything for while till my 3yr old heard sirens and asked if they was coming to see us - that hurt just shows the effect it is all having on their little minds what the hell have i put them through!

Never again will anyone hurt my kids or me again.
God help any man who shows interest in me lol
i admire you greatly,,,,, and your children have a loveing and caring mum. i send you positive thoughts for all that is ahead of you take care , anne
Question Author
Hi Anneasquith

Thank you for your lovely comments.
Hope all goes well.

Had hard meeting with social services today.
They are now on my back as they say my kids are suffering emotional abuse.
It sickens me how these people can judge you and tell you how to live your life when they havet been through similar experience or even have any kids of their own!
All i can do is keep loving my kids and being there for them, hopefully in time social will see how important my kids are too me and let me live my life!

I have been put on MARAC (meeting for high risk homercide cases) meeting taken place tomorrow not sure how they will help but we will see.
Was just wondering how you were Emma? I can understand how you feel about social services but please remember they are there to help you although it might not feel like that. They just have a job to do thats all. They will be able to tell what a fab mum you are and will give you the support that you need. Dont think that they will take the kids away or anything like that, they are there to keep families together. Hope you are all ok anyway, take care.
Question Author
Hi Tigwig x

Thank you for your kind words. I do the best i can to make sure my kids are happy and know they are loved. Have had couple of meetings with social and they are starting to convince me they are trying to help. They have told me the only risk is my ex getting back into family home (either by me letting him in which will never happen or by him making his own way in!) They are happy at the moment as he is on remand and are just waiting to see what happens with the case.
I think they are just bit concerned i may drop case - i have tried to reassure everyone this will not happen i am more determined than ever to make sure i do all i can to see justice done as best it can for sake of everyone.

I am little nervous today as am in court tomorrow for his sentencing for breach of bail and unsure what will happen. I so scared he will be sentenced to fine or something and allowed back on bail till sentencing for assault.

I am starting to feel like prisoner in my own home. Had new high fencing put all sides of my garden, security lighting, panic alarms, window sensors, even had fire safety officer who advised me to move my wheelie bins away from my house to stop risk of being trapped in my house.

I went to see my phsychatrist today as i have suffered from anxiety in past and to be honest understandably im suffering from now, having panic attacks, not sleeping, not eating etc This actually worrys me a little that defence will try and use this to make me out to be unstable.

Still long way to go till this is all over and i can rest. All i can do is keep loving my kids and keep them safe and stay strong. x
Question Author
Just thought id update you all

Went to court yesterday and ex was sentenced for harrassment & breach of bail given 18wks suspended for 2yrs and ordered to attend IDAP course which is a joke as he did this course 4yrs ago and didnt make any difference!

He was also issued with court injunction not to enter my street - which i thought was so stupid should have covered more area than that but hey im only the victim what do i know!

What is wrong with our justice system! Im locked in my house with high fencing security systems panic buttons window sensors had my mobile taken changed my house number stopped using facebook and MSN cant run my online business for fear of him contacting me again, not wanting to go out and yet he can walk free without care in the world. Just so unfair!

Was in tears at court yet he was laughing all the way out!

All i can hope is that the Crown Court are better at sentencing when it comes to his charges of ABH and Common Assault!

Emma

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