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Common Assault again!!

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confused | 21:11 Fri 16th Apr 2010 | Criminal
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My ex & I had arguement which resulted in him punching and pushing me, putting me in head lock and holding a knife to my throat. He has been charged with common assault as the markings from the knife didnt show up on soco photos!

He has previous conviction of assault on me and has previous allegations but not convictions of domestic violence assault.

I am wondering what he is looking at sentencing? Can i have injunction against him? Although i want him to see our children i am concerned about his anger can i have restrictions put in place?

Thanks
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Hi confused, basically, the offence of common assault can not go to Crown Court, jurisdiction of advocacy for this offence remains in Magistrates Court, which is known as a Summary only offence.

Unfortunately, the modern police have changed for the worse (because of lefty type bureaucrats). I fully recommend that you comminicate with ncdv.org.uk and discuss your situation with them. Its free, its good and can even get free injunctions in cerrtain situations.

Let me know if you need help I will try and advise.
Question Author
To answer your questions

I am well away from him, im in the family home which ive had all locks changed and alarm fitted, he is on bail to his parents house and isnt allowed in the county im in, can not contact me or my children except through solicitor etc so that makes me feel bit safer my kids nursery have also been informed of the situation and have reassured me that my kids are safe there nobody except me will be able to collect them!
When the incodent happened this time my eldest was at grandads and my 3 little ones under 3 where in bed asleep - so hopefully not aware of what happened i pray!
-- answer removed --
I very much think it will be changed to ABH with a maximum sentence of 5 years but do agree he will go down for 2+ years.
Why would you want or allow him to see your kids after this?
Question Author
Hi sunsetter thanks for your information.
I understand i must sound mad to say i still want him to see his kids but its the kids im thinking of - he can be great dad and i know he loves them and they love him but obviously i dont trust him so have requested contact through a third party - the thing is i dont want to stop kids seeing their dad and then when they grow up they hate me for it. Its so hard im trying to do best for everyone but not sure what to do anymore!
Any advice gratefully recieved!
Sounds to me like even though this bloke put a knife to your throat you still want to be with him?
Question Author
yes and no sunsetter - its going to take time to get over him and move on properly - although i hate him for what he has done im still in love with him you cant just change your feelings overnite! Like i said my main thing is to make sure my kids are happy and safe!
Do you think i shouldnt let him have contact with kids then ever? Is that really in best interests of my kids - im not sure - doesnt every kids have rite to know their parents and every parent the rite to know their kids or am i wrong i dont know anymore!
If this bloke put a knife to your throat he has no rights in my oppinion and you would have to be mad to have him back.I would keep him as far away from your kids as possible and make sure they know why when they are older. He will get hard time inside as a wife beater
off to bed in a few mins but if you ever want someone to talk to add me to your messenger [email protected]
Question Author
Thanks dh001 - i have looked at ncdv website was very informative, however im still confused about what to do for best! I am building up courage to speak to them to possibly start emergency injunction in place!
Hi confused, why don't you text them and then they will call you back which will hopefully commit you to chat with them.

They are fully aware that it takes alot of courage for people to make first contact and will treat you with dignity and respect.
why are you confused what to do ? simple if he did these things to you then keep him away from you and your children, if he didn't then ....................

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