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My wife and I are getting divorced. She is very manipulative. Since 2020, we have had considerable police involvement, when my wife once called them out due to an argument over the coffee machine. She always alleged some form of abuse.
I have been arrested for Domestic Assault, Common Assault, and Rape. Each arrest resulted in me being taken into custody, held in a cell for between 12 hours and 3 days, then released on bail and excluded from my home while under investigation, pending a No Further Action result.
In June 2021, I had returned to the property following an incident. I was assaulted by my wife, when, while in my home office, working, she came into the room, calmly picked up a bottle of domestic cleaner from my desk, and proceeded to spray me 25 times in the face. I contacted the police, because she said she was going to call them if I didn't. When the police arrived, she made allegations of assault, and I was arrested. On this occasion I was on bail, until November. I lived in my motorhome, away from the property for the first few months, however returned to the property due to difficulties finding supplies of gas, and electricity and stayed for a time on the driveway, plugged into the home power supply.
In August 2021, I applied for a non molestation order against my wife. My hope was to stop the constant police involvement, by drawing boundaries in the property of where she could legally go. In short my hope was for her to be excluded from my home office, to allow me to work in peace and earn a living. When at the hearing, I demonstrated to the magistrate video evidence of my wife assaulting me, from the past where I was slapped, punched, sworn at, etc. My wife showed the magistrate photographs of bruises she had received in the past, and claimed that I was responsible.
The magistrate issued TWO mirror image non molestation orders. The non molestation orders defined areas in the property that my wife and I where permitted and excluded. It also included a clause that prohibited either of us from sending abusive texts and messages. It also states that it is a criminal offence to breach the order WITHOUT REASONABLE EXCUSE.
Shortly after the issue of the non molestation orders, I was in my motorhome at the property, and my wife began sending me messages accusing me of going into the property and intentionally damaging window locks. At this time I had been living in a motorhome for the majority of the past 12 months. My wife who does not work, was living in a 6 bedroom, 4000 square foot home, that I was fully paying for while I lived in a 25 square foot motorhome. I will admit my mental state was fragile, with many moments of suicidal thoughts over the months. I responded to my wife's accusations by replying to her message and swearing at her. I called her a C-nt.
My wife called the police.
I was arrested, held in custody for 3 days, and released on bail. In court I pleaded not guilty, but was found guilty of breaching the non molestation order by the magistrate, and issued with a criminal record.
Later my wife was summoned to court to answer for the June incident, and due to video evidence which I had of the incident, pleaded guilty. She was issued with a 6 month suspended sentence.
I have appealed my conviction, and am appearing in Crown court on June 30th. I am representing myself. I am looking for some advice on how to approach this, and if there is anything, specifically I should demonstrate to the judge in court.
I do not agree with the original conviction, and believe that was I said was not abusive. I was being provoked and responded badly. I am not sure however, that I should focus on that part too much. My main defence, is to the WITHOUT REASONABLE EXCUSE portion of the non molestation order. I am claiming that I had been suffering with mental issues, after nearly 12 months of living in a motorhome, while supporting my wife living in our large family home. My wife, at this point had assaulted me, in June, and was yet to be charged, while I was the one on bail for an incident at which I was assaulted. As mentioned the she would later plead guilty to assault. I had suffered suicidal thoughts, on an increasing basis. I do not feel I was able to understand at the time that my words could be considered abusive, and feel that I had a reasonable excuse for the potential breach of the order.
I also feel that given I have no previous record, and all previous accusations where found to be false (no further action), the sentence issued was unreasonable. I believe a suspended sentence, as that received by my wife would have been more appropriate given the circumstances, which ultimately results in no lasting criminal record.
My original intention for the non molestation order was to permit my wife and I to live in the sae property, free from threats of abuse or violence, while we either sought counselling for our problems, or dealt with a divorce. It severely backfired on me.
I know this is not a criminal forum. Does anyone know enough to help? Or have any idea where I can go for help? The Court in question is Liverpool.
Thanks
I have been arrested for Domestic Assault, Common Assault, and Rape. Each arrest resulted in me being taken into custody, held in a cell for between 12 hours and 3 days, then released on bail and excluded from my home while under investigation, pending a No Further Action result.
In June 2021, I had returned to the property following an incident. I was assaulted by my wife, when, while in my home office, working, she came into the room, calmly picked up a bottle of domestic cleaner from my desk, and proceeded to spray me 25 times in the face. I contacted the police, because she said she was going to call them if I didn't. When the police arrived, she made allegations of assault, and I was arrested. On this occasion I was on bail, until November. I lived in my motorhome, away from the property for the first few months, however returned to the property due to difficulties finding supplies of gas, and electricity and stayed for a time on the driveway, plugged into the home power supply.
In August 2021, I applied for a non molestation order against my wife. My hope was to stop the constant police involvement, by drawing boundaries in the property of where she could legally go. In short my hope was for her to be excluded from my home office, to allow me to work in peace and earn a living. When at the hearing, I demonstrated to the magistrate video evidence of my wife assaulting me, from the past where I was slapped, punched, sworn at, etc. My wife showed the magistrate photographs of bruises she had received in the past, and claimed that I was responsible.
The magistrate issued TWO mirror image non molestation orders. The non molestation orders defined areas in the property that my wife and I where permitted and excluded. It also included a clause that prohibited either of us from sending abusive texts and messages. It also states that it is a criminal offence to breach the order WITHOUT REASONABLE EXCUSE.
Shortly after the issue of the non molestation orders, I was in my motorhome at the property, and my wife began sending me messages accusing me of going into the property and intentionally damaging window locks. At this time I had been living in a motorhome for the majority of the past 12 months. My wife who does not work, was living in a 6 bedroom, 4000 square foot home, that I was fully paying for while I lived in a 25 square foot motorhome. I will admit my mental state was fragile, with many moments of suicidal thoughts over the months. I responded to my wife's accusations by replying to her message and swearing at her. I called her a C-nt.
My wife called the police.
I was arrested, held in custody for 3 days, and released on bail. In court I pleaded not guilty, but was found guilty of breaching the non molestation order by the magistrate, and issued with a criminal record.
Later my wife was summoned to court to answer for the June incident, and due to video evidence which I had of the incident, pleaded guilty. She was issued with a 6 month suspended sentence.
I have appealed my conviction, and am appearing in Crown court on June 30th. I am representing myself. I am looking for some advice on how to approach this, and if there is anything, specifically I should demonstrate to the judge in court.
I do not agree with the original conviction, and believe that was I said was not abusive. I was being provoked and responded badly. I am not sure however, that I should focus on that part too much. My main defence, is to the WITHOUT REASONABLE EXCUSE portion of the non molestation order. I am claiming that I had been suffering with mental issues, after nearly 12 months of living in a motorhome, while supporting my wife living in our large family home. My wife, at this point had assaulted me, in June, and was yet to be charged, while I was the one on bail for an incident at which I was assaulted. As mentioned the she would later plead guilty to assault. I had suffered suicidal thoughts, on an increasing basis. I do not feel I was able to understand at the time that my words could be considered abusive, and feel that I had a reasonable excuse for the potential breach of the order.
I also feel that given I have no previous record, and all previous accusations where found to be false (no further action), the sentence issued was unreasonable. I believe a suspended sentence, as that received by my wife would have been more appropriate given the circumstances, which ultimately results in no lasting criminal record.
My original intention for the non molestation order was to permit my wife and I to live in the sae property, free from threats of abuse or violence, while we either sought counselling for our problems, or dealt with a divorce. It severely backfired on me.
I know this is not a criminal forum. Does anyone know enough to help? Or have any idea where I can go for help? The Court in question is Liverpool.
Thanks
