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Spitting

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SMP | 22:18 Sun 27th Sep 2009 | Law
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Can my daughter report her ex partner for spitting on her? is this classed asassault? It was in a public place although I think the only witness was her friend.

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yes. it's also disgusting. what a pig.

I wish her luck with it.
When I worked at a railway station we had a fridge which was reserved solely for DNA samples taken (using the special kits provided) from any spittle which a customer might decide to deposit upon us.

i.e. spitting was regarded, by the British Transport Police, as a sufficiently serious assault to merit DNA analysis in order to identify the offender.

Chris
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Thanks Sara (great name by the way, it's mine too.)
So would the police take it seriousl?. They split up about 3 weeks ago and have a 1yr old child. My daughter and grandson have always livedwith us,thank god, as the "dad" has turned out to be a total nightmare. Has hardly had anything to do with the baby, but now says his father has got him a barrister and because my daughter has post natal depression is going to get full custody.The only reason she has depression is because of him. Turned up at grandson's first bithday telling her he was taking her to court, his mother picked up the baby and was refusing to give him to my daughter, even though the child was gtting upset. he has never paid a penny, or looked after the baby, even threatened to have her beaten up.
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Thanks Buenchico,
I really think she should make a detailed list of all this stuff, and take it to the police. they're not going to be very interested in the minor stuff but it will be on record anyway. I'm sure spitting at someone is officially assault, which is an offence. I'd definitely report it.

I hope you're not a Sarah in hiding :o)

seriously, good luck to your daughter, her ex sounds like a fruitcake and she's well rid x
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Thanks
I am a Sara and proud of it!!
He and his father sound a right pair of bullies.Your daughter shouldn't be cowed by them.They're talking nonsense. If this ex-partner goes on like this he is heading for being made subject of an injunction or order not to molest and harass your daughter. Breach of that is serious..In any event, any barrister they get will be very quick to lecture the ex on behaving properly.the barrister will know that behaviour like you describe can mean trouble for the ex but, above all, tends to ruin any case the ex might think he has re custody or access.It takes an awul lot for a mother to be denied custody and I wouldn't worry much about that . Anyway,would you expect a court to listen favourably to a man who spits at his own child's mother?.It looks very bad and irresponsible. I expect the police will take it seriously.They might not have him charged with assault this time,but have a 'quiet word' with him instead, but they do take domestic matters seriously nowadays.Your daughter will probably find that they have a unit especially for domestic cases and refer your daughter either to that for advice and help or to where she'll get advice and help.
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Thank you all.
I would report that he spat on her. It means that if he gets worse they will have a record of every thing he has done. My ex applyed 2 see my kids after he gradually became violent so when he applied to see the children i was able to use the record to show he is unfit. He got fed up n stopt tryin.

She is better off with out him as these things only get worse. I wish her all the best of luck and if her depression is brought up she can tell the court it was due to her cercumstances and if she tells the doctor about her siduation the doctor can send a report to the courts to back her up.
Good point, Amyjj. The police will then have a history,.. Any later incident will then be seen as part of a pattern of behaviour, not just an isolated one-off.That will make any later one more serious.Harassment often consists of a lot of small acts, the cumulative effect of which is bad.Without a history of complaint, the police and courts won't have the full picture if this happens again.
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Thank you all for your help.
My daughter has an appointment with the police tomorrow. The officer she spoke to said that with other incidents that have taken place she may be able to apply for an injunction.
Spitting may well be an offence and disgusting, but how do you prove it? You would need either dna, which wouldnt even then necessarily prove that he spat at you, or an independent witness (i.e. not a friend or family member).

No harm in reporting it to the police but I can't see them doing much to be honest.
If I remember correctly Wayne Rooney got a caution for sptting on the paps.
Question Author
A quick update, my daughter went to the police and they have been brilliant. They have taken a very detailed report, not only about the spitting incident but also his behaviour in general. If they could have they would have arrested him. He has been visited and told he cannot contact my daughter in any way, he must not harrass her in any way etc, and if he wants to see the baby he must go to court. Also, had the police been called when his mother would not give my grandson back to my daughter, she would have been arrested and charged with abduction even though she had not left the house. North Wales Police have done ok this time.
Thank you all.
that is the lowest of the low and im suuuure that it is classed as assault...u can b fined for spittng in street so surley spitting on another person is punishable

how disgusting. seriously she is well rid im sure xx
thats great smp....i hope it all goes well for you and ur family xx

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