Hi, last month my fiancee was arrested for assault. Basically after a family party, my friend threw a drink over him, then a glass and he asked her not to return to the house. She did, started screaming him, he saw red and attacked her, I tried to separate them and he knocked me out of the way and I hit my head and was knocked out. I did not press charges, she did, now I have been called as a witness and I do not want to give evidence against him so I won't be turning up, can I be arrested? Also he has a history of aggression with drinking, since that night (6 weeks ) he has not had a drink, he has attended the GDAS programme. The charges are ABH for me, common assault for her and criminal damage to her phone, please can someone advise??
Molly1 Wed 18/06/08 10:59
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firstly, the Crown can prosecute without you pressing charges.
As 'he' has a history of violence he probably might be looking at some time, but fail to understand why he has only been charged with just criminal damage if he attacked 'her'.
Screaming at someone, depending on what she said, after being asked to leave is likely to amount to assault. but repercussions will be small.
You must have done something really over-the-top in defending her if you are being charged with ABH?
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I think Molly1 means HE has been charged with ABH aagainst her, common assault against the friend and criminal damage for the broken phone.
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for statistics purposes,,,, he will probably be convicted , meaning he wont be acquitted ,,,, however ,,,, he will probably recieve a "suspended sentence " at the most .....ABH if im coorect cannot be dealt with magistrates ,,, hence the hearing at Crown court ,,,,,,,
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Question Author
Hi
It was our daughters 1st bday party, great great day, my partner did not drink really through the day because he was on BBQ duty. I have found out that my 'friend' had been slagging him off during the day to his mother, my mother etc and when everyone went he went to the pub, found this out and came back. Contronted her, called her a sl**g because she is known to put it about, she threw a drink over him and he asked her to leave the property and not come back. I was upstairs with my mother and baby, next thing I know I hear screaming in the kitchen, broken glass where she had thrown it at him and he had her up against the kitchen work top by the neck, I jumped in to separate them and he knocked me aside, hence my injury, he then kicked her in the back and I went to hospital Anway he was arrested, next day I dropped charges and I dropped bail conditions so he could come back home. His charge against me is ABH and the CPS have taken it further, his charge against her is common assault and crim dam to her phone as he threw it against a wall. Trial is on the 15th July and I do not want to be a witness against him but am afraid I will be arrested if I don't and I am worried that he will be sent down
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there is a ruling that you are not obliged to give evidence that may incriminate your spouse, but I'm really not sure if that applies if you're not married.
you can get free advice from the CAB or other welfare advisory body, or witness support at the relevant court. you can't just not turn up if you're summonsed. a warrant could be issued for your arrest.
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Why wouldn't you want to prosecute a man who has a history of violence, assaults women, and also knocked you out cold at of all places a little girl's birthday party? He doesn't sound like someone that I'd want anywhere near my daughter, and if I was one of your mates I'd probably be mouthing off about him as well.
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With a bit of luck, yes. Will make the streets a bit safer.
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Gawd! What a nice lot of people.
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Question Author
Thank you Super Nick and Raggy, seeing as you do not know the whole facts you should not sit there and judge!!! How dare you say that
I came on here to get advice, not read comments from small minded people who take it upon themselves to become judge and jury
I will not be visiting this site again. Thanks to those who did give me impartial advice
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