Prosecution witness for my husband charged with ABH against me

[preesam]

hello

I badly need help. I am a prosecution witness for my husband chrged of ABH against me. I did not get any severe injuries. The first assault was a common assault in magistrates court where he was released on bail, I reported to the police but then at a later stage did a withdrawal complaint but CPS refused to drop it and this case was postponed but my husband used to come and see my daughter. Then he broke bail by hitting me again and thsi time a man passing by phoned police and he was arrested and the man has witnessed him hitting me. The police got the knife he scratched me on my face and neck. I did not want to go to court but the DC said i need to go. Now the case is being moved from magistrates court to Crown court. I am really freaked out. I just dont want to go witness. I dont my husband to go to prison because of my child. Our relationship is done and over but at the end of the day he still is my child's dad who he adored. Please help me what can i do not to go witness. it is so awkward to do that. will i get arrested if i refused to go? I really dont want to be a witness please help

[LS]

Sorry, this is a forum for those Falsely Accused of Rape. Not a legal advice forum.
Contact your CPS solicitor, or seek advice from your local Citizens Advice Bureau.

[RFLH]

try http://www.communitylegaladvice.org....way/police.jsp

[Rights Fighter]

hello

I badly need help. I am a prosecution witness for my husband chrged of ABH against me. I did not get any severe injuries. The first assault was a common assault in magistrates court where he was released on bail, I reported to the police but then at a later stage did a withdrawal complaint but CPS refused to drop it and this case was postponed but my husband used to come and see my daughter. Then he broke bail by hitting me again and thsi time a man passing by phoned police and he was arrested and the man has witnessed him hitting me. The police got the knife he scratched me on my face and neck. I did not want to go to court but the DC said i need to go. Now the case is being moved from magistrates court to Crown court. I am really freaked out. I just dont want to go witness. I dont my husband to go to prison because of my child. Our relationship is done and over but at the end of the day he still is my child's dad who he adored. Please help me what can i do not to go witness. it is so awkward to do that. will i get arrested if i refused to go? I really dont want to be a witness please help

I think you would still have to attend BUT you WILL be able to plead for leniency if/when found guilty, at sentence.

[davet]

I hope the following is of interest and help to you.

A few years ago I was attcked by my alcoholic, heroin addicted stepson in my own home. I had locked myself in the house following a 'scuffle' and he broke the window in a door to get in and cut his headon the glass remenants in the frame. He told the police that I had done it to him with a spade and I was subsequently arrested and charged with greivous bodily harm.

My wife, who witnessed the 'scuffle' was told by the police that she must attend court as a prosecution witness and testify about my hitting my stepson in this 'scuffle' despite her not wanting to and even telling them that he was a 'bad lot'

Thankfully I was found not guilty despite the police and cps desperately trying to secure a conviction without a single shred of evidence, and with independant witness's statements which contradicted my stepsons statement in numerous points.

What will be of interest to you however, is that my barrister advised me that as long as you are married, and not living together as man and wife, there is a law that states that a married spouse CANNOT be made to give evidence against their husband/wife. Unfortunately I do not recall what or what statute this law falls under.

This was never explained to my wife by the police, indeed, they were adamant that she MUST give evidence and if she didnt she would be held in contempt of court and could even be prosecuted herself!!!!!!!!!!

I would therefore suggest that you contact someone such as the citizens advice, or your own solicitor if need be to clarrify the relevant article of law, invite the officer in charge to your home and give him/her a prepared statement stating that you will not give evidence against your husband. I would also strongly suggest that you have someone there with you to take notes, or even record the 'interview' (you must advise the officer that it is being recorded, and that must be on the recording) as I know from experience that they will try everything, including threats, to make you testify.

I would however advise you to consider your actual relationship with your husband. Although a physical assault is one thing, (although my generation where brought u to believe a man never, ever hit a woman) you mention a knife in your original thread. You should honestly consider the implications of this, he may be the father of your child, but you are your childs mother, and you will be no good to them if your husband decides to use a knife properly the next time!!!!!!![/QUOTE]