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Charged With Common Assault

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Hill01aug | 15:19 Wed 22nd Jan 2014 | Law
4 Answers
This is going to be a long one so please bear with me, I will try to be brief.

My soon to be Husband has been charged (think its charged) with assault, he has to go to court next month, he will be pleading not guilty.

Senario:
My partner and his ex have 3 children, contact has been arranged through the courts and because of the distance we meet their Mother half way between us and them. My partner has a non molestation order against him (I wont bore you with the details but he basically texted her begging her not to go off with the man she had been seeing behind his back, she did hense the distance between them now).
One weekend a couple of months ago we dropped the children back at the meeting point as usual. Everything went wrong!!! She accused him of things, he partner got out of the car and started calling him a moron, told him he will never see his kids again he will make sure of it. He pushed my partner who then pushed him back, he walked over to the car where I was sat and shouted at me that he would never see his kids again. After all this they drove away.
Myself and my partner were both left shaken, and he was also upset that the children were witness to this.
We drove straight to the nearest police station and filed an incident report as we knew she would use it agains him. Didnt press charges as we hoped it would just be left alone.
Was it left alone no!!! She failed to turn up for next contact arrangement on the basis that the police had apparently advised her against it as it wasnt safe for her. Her solicitor wrote a lteer to my partner stating I had threatened her.
We then find out the police are looking for him, so he phones them etc and arranges to go into be questioned the next time we return the children. So he goes to be interviewed when infact he was arrested with breaking the non molestation order and for common assault against him. In their statement they said that my partner had pushed her, I had threatened him (although in the solicitor letter I had threatened her!!!), and my partner had pushed him so hard he nearly fell to the ground.
My partner told his side of the story basically stating that none of the above was true. There was CCTV so we thought great that will sort it all out, but unfortunately it was not viewable.
He had to go back to the police station where he was I think formally charged and given a court date, which is next month.
We cant afford a solicitor so what can we do. Can he get her partner charged with assault as it was infact him that pushed my partner.
This isnt the first time he has been introuble because of her and her lies. Unfortunately I have absolutely no faith in the Justice system, they went to court last week to finally sort out contact arrangements, she tried everything she could to get her own way, thankfully she didnt, but she sat in the court room infront of the Judge texting and tweeting and laughing at what the Judge was saying to her. Guess what she even got away with that!!!
We just want to get on with our lives and have nothing to do with her, unfortunately she found out we are getting married and trouble has started since then. We know we are in for a tough ride as she will do whatever she can to cause us pain and will not stop after this is finished with.
Even with all this uppset and pressure our relationship is strong and we will get through whatever we are faced with together.

Thanks for any help.
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>>>>My soon to be Husband

I think you are setting yourself up for years of problems so think carefully before doing this.
Question Author
What do you mean setting myself up for years of trouble? You can't help who you fall in love with.
Not really helpful, VHG.

Is your partner not entitled to see the duty solicitor at the police station? Or try looking for a local solicitor that does the first half hour free.

What a horrible situation to be in.
If convicted he will get supervision order for 12 months and course

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