hmmm bit of legal eagle brain needed...

msgander · Brolly Dolly Joined: 31 Aug 2005 Karma :

Scenario...

Ex hub assaults you in front of child, ie throwing you around, no actual punching etc but lifts you off floor with one hand round your neck type of thing....

Incident ends, reported to police, witness and your child present.

Ex hub denies everything and claims shoulder injury (which police claim to have seen!), impossible to be caused by other party as they had arm twisted behind back and also ended up on the floor!

Witness states how it really was, ie all one sided...

It goes to court.....

Which way do you reckon it would go?

And also if person has lied apprarently they cannot get away with a caution, so what would they get?

Shocked

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Visitor Q · $25 whore Joined: 30 Apr 2004 Karma :

No actual harm caused, contentious wtness viewpoints, no unbiased witness.

Probably be thrown out to be honest.
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WavyGravy · Scooby Slapper Joined: 10 Mar 2006 Karma :

too many variables, if theres a history of abuse and thats the reason he's now 'ex' theres a chance of being locked away, at the very least with a history of it he'd be bound over to stay away from you.

first offence he'd probably get a caution, but men like this rarely do it just the once so im thinking its happened before.

The alternative is to get current boyfriend to warn him off - forcefully.

I'm not a legal expert just i know a wife beater who wound up in jail, i know another one who wound up in hospital. One of my friends runs an online support group for women who've been affected by this, she would have a lot more advice/knowledge, drop me a message if you want her to contact you

men that resort to violence against women are the lowest of the low
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craigie b · Citizen Smith Joined: 26 Jul 2004 Karma :

Forgive me for being inquisitive, but without knowing the facts its impossible to give an opinion (or at least ask my ex who is a solicitor).

Who was the witness? i.e. are they credible?
Was their any marks on the victim?
Is the childs testament the same as the witness's and the victims?
Has the fella got a recorded history of this type of behaviour?

PM me if you'd rather not divulge details in the public domain. I speak with my ex everyday on MSN and she does a lot of legal work in the area you are describing and shes very good, so its like free legal advice Thumbs Up

Bonny, where did you read 'no unbiased witness' Laughing

? Assault can be as simple as verbally abusing someone so 'actual harm' is irrelevant for an assault charge.

sickpup · Old Timer Joined: 21 Apr 2004 Karma :

msgander · Brolly Dolly Joined: 31 Aug 2005 Karma :

craigie b · Citizen Smith Joined: 26 Jul 2004 Karma :

Hiya,

I spoke to my ex and she reckons you need to go see a family solicitor and apply for a for a Non- Molestation Order and if necessary an Occupation Order. These would bar the guy from coming within a set distance of you or your property and more importantly give the police power to arrest the guy on the spot even if he was not being violent.

Breaking that would make him in contempt of court and that can have a 2year sentence.

At present its unlikely the guy would do time, unless he had a history of it.....to be honest pressing charge normally just infuriate matters. However repeated breach of the above mentioned orders would certainly land him inside...They are very good at keeping people at bay because they give the police the green card to arrest and prosecute much easier than pressing charges over an 'alledged assualt'.

Now things to bear in mind if you did go see a family solicitor...... If the guys violent then you need to keep away from him or your partly responsible for encouraging situations. If you have a shared child then a third party should hand over the child. If money is an issue then you'd be entitled to legal aid which would cover your costs.

Hope this helps

craigie b · Citizen Smith Joined: 26 Jul 2004 Karma :

BTW, you can't caution someone who hasn't admitted guilt or haven't been proved guilty because up till that point their innocent (I think)

WavyGravy · Scooby Slapper Joined: 10 Mar 2006 Karma :

I agree that violence isnt the best way, but sometimes the official channels make you feel as if you're wading through syrup, and if your personal safety is at stake a bit of persuasion can go a long way.

I wouldnt worry if you hurt his shoulder, you have witnesses that he instigated the attack, you're allowed to hurt him while defending yourself. (within reason)

I'd definitely investigate the options craigie b suggested, i'd also ask the police if there is a local contact for people in your situation who can guide you through the process - there must be! you need someone to reinforce your belief that you are doing the right thing.
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1975 CB125s, 1991 GN250, 1990 Ducati Paso 906
"Don't wake him up - He's got insomnia - He's trying to sleep it off"

msgander · Brolly Dolly Joined: 31 Aug 2005 Karma :

trying to do the right thing by my daughter but its hard to trust him even with her now.

Seeing family solicitor on Friday morning for those orders that you mention.

Witness statements being done with friend today (btw she is unbiased as she is not a year and years friend, someone who keeps her horse at the yard who never even met ex hub before!).

Just annoys me that he cant just be human and pick up drop off without associated crap that goes with it, I've been more than reasonable now and in the past, most women would have told him to shove his contact with his child!
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Adam_P · World Chat Champion Joined: 23 Jan 2004 Karma :

Sorry to butt into the thread, and I'm in no way offering any sensible advice here. But from the description of what you said happened, it sounds to me like your twat of an ex husband is in need of a fucking good, out of the way, old fashioned beating.

Doing that to anyone is out of order, especially in front of a child.

Why the hell do ex's (men or women) act this way? They need their heads testing.

Like I said, no helpful advice to see here, move along, next post will be here any minute...
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Visitor Q · $25 whore Joined: 30 Apr 2004 Karma :

craigie b · Citizen Smith Joined: 26 Jul 2004 Karma :

Bonnie,

Visitor Q · $25 whore Joined: 30 Apr 2004 Karma :

msgander · Brolly Dolly Joined: 31 Aug 2005 Karma :

ABSOLUTE CLASS!!!!!!!!!!

Friend used to natter to ex on msn, she was nattering away just now and the stupid fuckwit didnt even realise it was a mate of mine, he has just admitted doing it, stating that he didnt think I had a witness and police would never prove anything anyway. It may make no difference but at least they can see he is bragging about it and it may make a slight shift in their opinion of him.

What a fucking prick!!! Laughing

End of MSN convo....goes a little something like this...............

Fuckwit: So who are you again?
Mate: Annes mate...
Fuckwit: Shocked

Blocks her!
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Always believe that your guardian angel flies a bit faster than you...............