My parnter has breeched his restraining order.

[emablondie]

Hi,

I really need some answers.my partner assaulted me back in feb,i retracted the statement but the cps followed it through.he was sentenced to a 2 year suspended sentence and even though we lived together a restraining order not to harras,threathen or use violence against me which he did 3 days later, i have reported it he was arrested remanded for the weekend,in court on monday just gone he was charged with a section 39 and a breech of his restraining order,he was bailed and back in court wednesday,now he is bailed until 20th of july.I really do not understand how he got bail, I am a wreck and so confused,it took so much to finally stand up to him and it feels like he is going to get away with it.has anyone any idea as to why he wasnt remanded until the court date.

[bednobs]

dosen't really make any sense to me why he has been bailed - perhaps he will satrt his sentence after he goes to court in July?. People with a suspended sentance usually have it started if they break the law again Perhaps they are trying to teach people who cry wolf a lesson i.e. don't lie to the police or waste their time by saying "he assaulted me" and expecting them to do something about it then saying "but i loooooove him so he didn't really do anything"

[sattty]

I think he got bail because he pleaded not guilty and it was his word against yours did you suffer any injuries when he was violent if no then police have no proof that he used any violence against you when he goes to court on 20th july request that you go to the court to, to give evidence against him i am now seperated i was attacked 3 weeks ago from my husband and to be fair i with drew my statement and am still seperated and will be filing for divorce when the trial is over with if your married really suggest you do the same because it will carry on if you take him back believe me

[emablondie]

i never cried wolf,just was controlled so much i stuck by him last time,it was severe he has blinded me in my left eye...it took alot to report that he had attacked and threatened to kill me.
@ Satty I am not married to him plus as he was choking me on this occasion he said woops better not mark you or you will get me done and started laughing,im stil getting over injuries from last assault in feb which i wish i had got him done for as he would be locked up now and I wouldnt be going through this hell..I cannot beleive he is allowed to walk free he is a danger to me and society.I have no intentions of taking him back the pain and suffering im feeling i cant describe...u shudnt of withdrew statement that makes them think they are right iv learnt the hard way.i just dont get how he on bail for 2 months

[exdc]

Hi emablondie

Has the officer in the case contacted you regarding progress of the proceedings.

[emablondie]

yes just to let me know he got bail and has restraining order not to contact me etc.she in shock e got bail also.

[exdc]

Basically, the police have charged the offender and correctly refused him bail and detained him in police custody for a remand application to be made at the first available court session. For whatever reason the court rejected the remand application and he would have been released on conditional court bail. (Unless the CPS prosecutor did not continue the application). You can ask the officer in the case to explain the reason why the application was refused.

Please note, It is a serious step to remand a person in custody prior to conviction and successful remand applications are getting harder to secure. (please don't think it has anything to do whether the prosecution / court believe you etc or the fact that you withdrew your previous complaint).

The police have an obligation in law to keep you up dated on the progress of the case and hopefully you are being kept informed.

The police and the courts recognise that it takes courage to break the cycle of domestic abuse, stick with it and do not listen to the armchair crictics

[exdc]

Part 2

There are some good independent organistions out there that you can talk to in confidence for advice and will assist you in various ways. One of many is ncdv.org.uk.

I wish you all the best.

[emablondie]

thankyou..i didnt know i was entitled to ask that information, i just find the whole thing so strange

[exdc]

Wel i must say that it is very disappointing the remand application was refused in this matter but unfortunately is does not surprise me in these times.

[emablondie]

i have just spoke to the officer in charge and she said the courts are not obliged to tell the police the reason,i just hope and pray he gets sent down as im scared for my life as he has said he will kill me if he cant have me.im in a safe place but still scared i could see him anywhere

[exdc]

Hi emablondie

Remand hearings are held in open court, but never mind.

Please remember this maggot has to be found guilty of the assault and breach beafore he can be sentenced etc. Hopefully he will and get a custodial sentence and experience what its like to be abused / controlled by other inmates that like women beaters.

[exdc]

edit

controlled by other inmates that DONT like women beaters

[sattty]

hey keep us updated let us know how it goes and if you have any more problems i didn't want to withdraw but had difficult circumstances anyway have you heard anymore on the matter really feel for you must be horrible living in fear all the time try speaking to a councillor about your situation most people find it hard to trust anyone after being in the situation that you are in wish you all the best

[emablondie]

Hi,
Thanks for taking the time to reply because im still so confused at everything.
@Exdc-He has been charged with both so does this still mean he can be found not guilty? I am so lost with all this.I also pray he gets a cusdodial as I dont know what il do if he doesnt..
@eddie51-I didnt know it was permannent at the time I thought vision would come back,I was so "inlove" I wanted to protect him....I also hope others see this thread as to be honest coming to terms with my injuries isnt all I have to do.he has mentally,emotionally,financelly and oviously physically abused me...as mad as it seems I miss him and cry non stop since I have been moved by the police thinking if only he wasnt like this and he was the nice guy I fell inlove with and still blame myself thinking its all my fault,if any1 is experiencing similar please get out now,im irish and very nearly ended up goin home in a box after the assault in Feb...looking back I was so stupid,but its amazing how some1 can get into your head,he could also be wonderful and I still love that part which makes it so hard.even though sometimes i cant breathe I want 2 see him so much I know I have done the right thing.
@Satty-Hi hun hope ur ok,victim support are good but I feel so isolated, he has been going to my friends dropping stuf off just sunday he asked my best friend had she seen me and to tell me if it wasnt for his family and partly restraining order he would call me,and how much he loves me and misses me etc but he oviously making me out 2 be the dope to everyone as his family want him 2 have nothing to do with me even though he has a history of this I have since found out but never to this extreme-so OVIOUSLY its me whos in the wrong.he has told the police he is the innocent party!!!
I have not slept r eatin in over a week and am suffering horrendous panic attacks.
And to top it off I get a call this morning just when i was telling myselv to try think more positively

[emablondie]

his solicitor has called the police saying I have been contactig him and can i please stop!!!! as if. it is complete and utter lies, I cannot believe what a liar he actually is and always has been but I was to stupid to see it.I cannot work so have no income at the min until a claim gets sorted its all just a joke,and to think I still get pangs of feeling sorry for him!!! I was so confident,I managed one of the best known high street stores plus model,now i am crippled by panic attacks so bad I cannot do anything.x

[exdc]

Hi emablondie

Basically your ex has been charged with assault and a breach of injunction. A charge means he is being sent to court. The basic definition police of a 'charge' is that the prosecution (Pollice / CPS) consider that there is sufficient admissible evidence for the prosecution case to suceed in a conviction and that it is in the public's interest to prosecute the accused.

You have made an allegation of assault which also amount to a breach of the conditions as stated in the injunction. It is the role of the courts to consider whether he is guilty or not. If he pleads not guilty then the matter will go to trial.

[exdc]

Edit

The basic definition police of a 'charge' is

should read: The basic definition of a police 'charge' is..

[exdc]

The courts listen to both evidence from the prosecution and from the defence.

If your ex, only admits parts of the allegations then the court have whats known as a Newton Trial.

After trial the courts considers all the evidence and it is they who decide whether he is guilty or not guilty. If guilty, then he can be sentenced.

(basic summary)

[emablondie]

thanks exdc....i just wish it was over and done with.people get sent down for less than this its ridiculous
I just wish i knew he would get a custodial he will never learn otherwise and thats not just for my safety but 4 his daughters and others.