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Law

Common assualt & breach of the peace

My friend was involved in a domestic with her ex-partner a few weeks ago. She had gone down to his work to try and sort finaces out when an argument broke out. A female colleague of her ex-parnter had walked in and started getting involved in the argument. My friend had been told that this girl had slept with her ex-parnter and that he had stayed the night. My friend was so upset by this and started to ask her if it was true. Then the argument went outside and my friend's ex-partner admitted he had and then she slapped him on the face. The female colleague had phoned the police and both her and my friend's ex-parnter gave statements. Unknown to my friend's partner he did not want this to go further and just for my friend to be cautioned. But the police arrested her and charged her with breach of the peace and assault. There were cctv cameras so the police will have seen my friend slap her ex-partner. He then phoned the police back to say he didnt want any charges against my friend but the police said they could do nothing about this?? Now my friend has to attend court tommorow and she has a solicitor to meet to go through the incident. What will happen in court and she has never been in trouble before and has a clean record. Thankyou if you could post back any answers that would be a great help. Im so worried for my friend as she is trying to cope on her own with her son and has just recently gone through spinal surgery which doesnt help.


bobinog11111  Thurs 08/05/08 14:55
Fay Mousse
Thurs 08/05/08
15:49
Excellent Rating
You've told us the facts but not asked a question,

What do you want to know?
daffy654
Thurs 08/05/08
15:53
Good rating
Your story has changed somewhat from when you asked the question before.You got two answers that time but never bothered acknowledging them.

http://www.theanswerbank.co.uk/Law/Question562 156.html
Fay Mousse
Thurs 08/05/08
15:57
Excellent Rating
Probably a small fine for common assualt, and a binding over order to keep the peace.

Maybe a conditional discharge.

I hope she helps the situation be pleading guilty
bobinog11111
Thurs 08/05/08
16:20

Question Author

Sorry the question is "Is this common assualt or battery or GBH?" and "what will happen if pleading guilty, even tho her ex-partner has contacted police to say he doesn't want her charged?". Thankyou for all your answers and sorry if I wasn't very clear with my question.

Thanks alot.
bobinog11111
Thurs 08/05/08
16:24

Question Author

What's a conditional discharge? Sorry im not very up on law and since this is the first time I apologise for any ignorance. My friend will be attending court tommorow and is meeting with a solicitor there. I know she will be taking the advice of the solicitor and I hope this does not damage her future and she has never been in trouble before. Thanks again.
Fay Mousse
Thurs 08/05/08
16:29
She is being charged with common assault, the 'less serious' of all the assault charges. She will not be charged with ABH or GBH. She may get a fine or a community order.

She may get a conditional discharge - this means that she will not be punished if she keeps the conditions set, such as keep away from the ex.

Pointless speculating really
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