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How can i apply to change my husbands bail conditions?

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weasle62 | 22:47 Thu 18th Dec 2008 | Law
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My husband is turkish and after an argument i went to the police, my husband had said that if he couldnt have me then he would kill me and we could be in heaven together. He then cuddled me with a knife in his hand asking me to tell him i loved him. This scared me and i went to the police, i expected them to tell him that sort of behaviour was not acceptable in this country but it resulted in him being arrested and charged with common assault and threat to kill. He was bailed not to contact me or to enter the town where i live. Having thought about it for a couple of days i realised that although yes this did scare me, he had not actually harmed me in any way and the cultural difference and lanugage barrier made the incident seem far worse than it actually was. My husband has never shown violence towards me before. I decided to withdraw my statement to the police . My husband is not a violent man, in his culture to be in heaven together is the ultimate love, it did not mean he was going to kill me . the police have decided to continue with thier prosecution and he will appear at crown court in March 2009. I understand their reasons for continuing with the case but i fail to see how, considering my withdrawal statment clearly states that i do not feel in any danger from him, why bail needs to be set that we cannot contact each other. My husband is sorry for what he did and is horrified that he scared me. I am a disabled person and rely on my husband greatly for help with day to day life. I visited the police and asked that bail be dropped and explained how much i rely on my husband. This is affecting my life, i feel like im the one being punished here. It is detremental to my health that he is not allowed to live with me. Is there anything at all i can do? I need the support of my husband, i am registered disabled and cannot manage with daily life without him. Thank you
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Jackanory
Your husband can ask his solicitors to apply to the court for his bail conditions to be lifted. However, it is extremely unlikely that even with your support they will be. I imagine one of the reasons for the conditions is that a) interferance with witness (ie discussing the case with you) and 2) to prevent further offences.

The Domestic Violence protocols that the CPS adhere to means that once they have a statement from a complainant detailing domestic violence, they WILL pursue it - irrespective of your views. Unless you can present the court with some extremely persuasive evidence of your difficulties without him, I think it extremely unlikely his conditions will be lifted.

He might want to take legal advice with a view to entering an early plea (or at least coming to a deal with the prosecution) and that way make it go away a lot quicker. Although if he pleads on the facts you have given, he is likely to be facing a custodial.
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What a story ..hi Rev Funk ..how you doing ??
I agree with RevFunk
Hi The onlyone im good thanks, do I know u lol
Can i get back to my adress?I have been on bail now for 3 months for attacking a person who lives in my estate.My bail conditions are to not enter my estate,stick to 9 p.m cufew and no alcahol.I need to live back home because the housing executive say i will soon lose my flat because im not there.is there any chance the court can let me back home.This is my 1st time in trouble with police,i have stuck to bail so far,and the person i attacked is not a neighber,he lives on other side of estate.plus i pled guilty from the start.Can i go home until this is over?????

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