False Assault Reported by Neighbors and we are in Deep Trouble

[Kris23]

Hello Everyone!
I do not know how this site works but I am in a very difficult situation due to someone else misrepresenting with some video. Here is a brief summary and I am looking for advise.

Me and my partner had a petty quarrel of she wanting to come with me when I was going out and I wanted to go alone. She chased me to the car park pulled me, resisted me not to get into the car, and when I pulled myself away and got into the car, she rushed into the passenger seat and we had a long quarrel inside the car where I was resisting her and requesting her to go back. After 10-15 min I lost my nerve and got out of the car, rushed to the passenger side, opened the door, shouted at her and pulled her out of the car and then left.

Someone filmed just the last 30-40 seconds when I was shouting and pulled her out of the car and reported to the police that I was assaulting her.

As per us, we forgot that incident there itself after I left and I came back home in an hour and we were inside our house going back to our own lives. Meanwhile I checked on her through my son and he said she was ok.

Suddenly the police barged into our house and without listening to any of us, they arrested me and took to custody, processed me and charged me with Active Bodily Harm. Meanwhile, they checked with my partner and she said nothing has happened except a petty quarrel without any injuries and asked for my whereabout but they didn't listen to her. During my detention they took my finger prints, DNA and everything to create a criminal record.

Only next day they took my interview and reduced the charge to Common Assault though my partner said she had no injuries anywhere and showed herself. I tried to argue that I haven't assaulted her but they showed me the short video where I was shouting and pulling her from the car and said it is common assault. They then release me on bail condition that I cannot meet or talk to my partner for 3 months and have to live far from her place.

After 2 weeks of requests from my partner and me, they lifted the bail conditions and I am back home but they are continuing with the investigation and said my case would be going to CPS and would more likely be convicted for Common Assault based on the video evidence.


NOW, please advise what can we do to stop all this. My partner is ready to do anything needed and requested the police officer several times to dismiss charges but they are not listening with a reason that I am influencing her and no matter what the situation was I shouldn't have shouted and pulled her like that and they have clear evidence. He also said not to contact till he finishes his further investigation and submits to CPS.

WHAT OPTIONS DO WE HAVE NOW.

Before it goes to CPS

1. Can my partner raise a written request with police.
2. Can I raise a written request with Police at this stage.
3. Can my partner go and talk in person to the investigating officer. What is best and what should we request.

We are so worried about my records of arrest, conviction, criminal, DNA, Fingerprint records in the database that will stay forever. How does this record impact us in these even if I want to travel to such countries like US, EU, Canada, Singapore, AUS, NZ and any others with strict boarder security rules. I am working in a good company and not sure how all this will impact my current and future career. I also have a minor son abroad with his grand parents whom I am planning to immigrate to UK and worried if my criminal assault record will reject his ILR on the grounds of my character. We also have long term plans of immigrating to US or Australia.

Thanks

[dangar786]

Hi

to be honest if it’s the way you describe which is “a video of you pulling your partner out of the car” then yes, it is common assault.

why is it common assault you will ask? It’s common assault because in that moment you had the opportunity to walk away and get out of the car. There was no real reason to pull her out of the car.

whether you get charged or not depends what you said in Police interview and how you subsequently behaved.

this isn’t a matter for your partner/girlfriend to save you now. CPS can prosecute without your partners involvement.

quite frankly, if you are thinking of going to other countries with strict laws etc-they do not let people in who exhibit this type of behaviour.

In terms of a solution I would advise you to find a private barrister to defend you in the Courts if it gets that far.

[islandgirl]

As above. There is independent evidence so it does not matter if your partner does not wish it to go forward to court. The CPS will make the decision. If you plead not guilty your partner can give evidence to say she did not think it was an assault but it is unlikely to wash with the mags if there is a video and it looks like one. Get legal advice - as soon as possible. Likely to be magistrates if s39 assault - get a good local solicitor rather than a barrister would be my advice. If convicted you will have a harder job getting a visa to go abroad but you still can. You have to go through a different process and it is much more difficult. Sentencing guildelines are:

https://www.sentencingcouncil.org.uk...rgency-worker/

Possibly a B2 but without further information I have no real idea.

[Kris23]

Hi
Thank you for the reply. I know I am not proud of pulling her out or yelling at her but had no intent to hurt her.

It all started with her chasing me, dragging, hitting, holding me by neck and arguing with me for 15min when I was in hurry to go out. Is that all not assault of her on me then? The problem was there is no video of it.

Mine was more of a reaction to what all she did and provocated but we never were trying to hurt or threaten or assault each other. I came back home after that and we were back to our normal lives as it was a momentary quarrel.


"whether you get charged or not depends what you said in Police interview and how you subsequently behaved."

I explained whatever I mentioned above with less intensity of what she did. It was inline with what my partner said separately to them.

Please advise how do you see the interview went.

She is also planning to discuss this again with officer and submit a written statement of what has happened. Will this help the case to be closed or help later as a supporting document if it goes to CPS.

As I heard, if it goes to CPS and if they even caution me, it will be an official conviction and the records would stay.

As I mentioned in my initial thread, I am also looking to get here my son who is a minor from aboard and worried this record of assault may impact. Please throw some light on this as well.

Thanks

[Kris23]

As above. There is independent evidence so it does not matter if your partner does not wish it to go forward to court. The CPS will make the decision. If you plead not guilty your partner can give evidence to say she did not think it was an assault but it is unlikely to wash with the mags if there is a video and it looks like one. Get legal advice - as soon as possible. Likely to be magistrates if s39 assault - get a good local solicitor rather than a barrister would be my advice. If convicted you will have a harder job getting a visa to go abroad but you still can. You have to go through a different process and it is much more difficult. Sentencing guildelines are:

https://www.sentencingcouncil.org.uk...rgency-worker/

Possibly a B2 but without further information I have no real idea.

Many Thanks for the reply with links and details.

As I mentioned above as initial reply, my partner has been explaining the same facts even in my absence to police. And there was absolutely no physical injury or harm. Will that still qualify for B2. And not sure which solicitor to approach as there are zillions around with different quotes and ratings. Any advise on selecting a solicitor please.

And could you also share your thoughts on this that I requested above and pasting here again.

She is also planning to discuss this again with officer and submit a written statement of what has happened. Will this help the case to be closed or help later as a supporting document if it goes to CPS.

As I heard, if it goes to CPS and if they even caution me, it will be an official conviction and the records would stay.

Thanks

[islandgirl]

I doubt the case will be closed but the letter could help. Excessive self defence is mitigation rather than making you not guilty. Convictions will show on your record and must be declared for entry into many countries including the USA

[Kris23]

I doubt the case will be closed but the letter could help. Excessive self defence is mitigation rather than making you not guilty. Convictions will show on your record and must be declared for entry into many countries including the USA

Thanks for quick reply. Better clarity but doesn't seem to be good news anywhere

Sorry for confusing question above. I wanted to know if a caution by CPS is considered conviction and will it show in the records or not. And will it be stopping me to bring my minor kid to UK.

And any thoughts on selecting process of a good solicitor please. Related topic is that I was provided a solicitor at the custody and they are not being very response and said we can't do anything till it goes to CPS. When I called some solicitor outside, they said I am already assigned a solicitor and they can't take the job. Please advise if I should go with same solicitor or can I change.

Cheers

[Kris23]

Is there nothing that my partner can do in this whole situation where she is crying out loud that nothing has happened to her but all this involvement of police and cases is harming us more than anything else.

[islandgirl]

I have seen cases where a not guilty plea was entered, the partner said there was no assault, a witness said there was...guilty verdict. Every case is different however. You can change solicitor I believe - go for a free consultation with a local one who does criminal cases. Perhaps call in or phone around a few. You will have to pay them unless you qualify for legal aid. Go and ask them and find out from a professional what the situation actually is. No idea about bringing a child in. A caution will show on an enhanced DBS check I believe (for life)

[Kris23]

I have seen cases where a not guilty plea was entered, the partner said there was no assault, a witness said there was...guilty verdict. Every case is different however. You can change solicitor I believe - go for a free consultation with a local one who does criminal cases. Perhaps call in or phone around a few. You will have to pay them unless you qualify for legal aid. Go and ask them and find out from a professional what the situation actually is. No idea about bringing a child in. A caution will show on an enhanced DBS check I believe (for life)

Thanks a lot again for the helpful and factual responses! I will go find a solicitor now.

[Kris23]

Is there nothing that my partner can do in this whole situation where she is crying out loud that nothing has happened to her but all this involvement of police and cases is harming us more than anything else.

Can one of you please answer on this.

[PallasAthena]

Re Caution

When you accept a Caution (instead of it going to court) you have to agree that you committed the offence. So yes it goes on your criminal record and would appear on a DBS criminal record check. However, I don't think it stays there for life any longer, although it does depend on previous convictions. There are lots of sites online that explain how long things stay on a DBS.

[islandgirl]

Can one of you please answer on this.

The short answer is, I believe, not much but ask your solicitor - each case is so different.

Re Cautions from the government site: Cautions are given to anyone aged 10 or over for minor crimes - for example writing graffiti on a bus shelter.

You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree.

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.

Have a look here: https://www.gov.uk/tell-employer-or-...u-need-to-give

[Kris23]

Hello Everyone! I had calls with the first solicitor firm that came on google which is very famous and has highest rankings. They were kind to talk and explained that this is no case in itself as there is no Victim in this case. Their view is that the evidence will be insufficient when the presumed Victim explains the full story.

Though they said that they will be happy to take up the case which will cost big money, it is not needed and should be dismissed. However, as they are legal people and don't want to give a categorical statement they said this is more likely outcome towards the end.

Please advise if you have seen such cases in any of your experiences and share the known/possible outcomes and if the solicitor can go terribly wrong.

Many Thanks

[islandgirl]

Glad you saw a solicitor. However my post #9