Domestic

UserName01_2

SuzieSue wrote: »

It might help if you also speak to VS about special measures as they might be able to put pressure on the court.

I have an appointment with VS and and Witness Service team this week. VS can't help with the court case but Witness Service can, they are two separate teams under one roof I believe VS is more the counselling side of it.

UserName01_2

I just thought I would update this thread as so many of you have given your time to reply - thanks

I referred myself to Victim Support last week and have another appointment tomorrow after the eye infirmary as they are helping me with the compensation forms.

Victim Support passed my details to the Witness Service team who are actually in the court. The Police supposed to have passed my details on but still haven't. I went to the court yesterday for a look around and was extrememly nervous. Even the security guard asked why I was so nervous when I walked in. I just felt like I was going to burst in to tears the whole time. I still can't believe it has came to this, I can't sleep with worrying about standing up to him in court.

The lady who I had an appointment with at the court had to be somewhere else so another lady showed me around but she didnt tell me about special measures. However, the orginal lady phoned me today to ask if I had my pre trial and if I had any worries and if the lady yesterday told me about special measures - which she didn't. She is going to phone me back again next week to discuss things and maybe speak in person to see what would be best for me. I know I am not strong enough to stand up to him and speak out in front of everyone, I would end up breaking down. I don't think the screen would help so it would have to be via video link so I feel more relaxed. However, I can only see who is talking to me whereas everyone in the court room can see me on screen, even my ex partner - so he would see how he has affected me (which being an abusive person, he will love).

It's looking like I have permanent damage to my vision as 3 weeks on and it is still no better. I have to go back again tomorrow to see if there is anything else they can do, maybe even take my eye out to clean in incase there is small fragments of glass in it.

Does the fine or sentence he will receive depend upon my injuries? I don't even know what I am expecting him to get. I keep thinking he could possibly get 6 months if he has previous convictions for violence (which I think he has) as he has left me with blurred vision which is looking like it is going to be permanent. Would the fine be something like 25% of his monthly wage plus court costs? I imagine he would also have to pay me compensation which is what victim support are helping me with tomorrow.

marisco_2

UserName01 wrote: »

I know I am not strong enough to stand up to him and speak out in front of everyone, I would end up breaking down. I don't think the screen would help so it would have to be via video link so I feel more relaxed. However, I can only see who is talking to me whereas everyone in the court room can see me on screen, even my ex partner - so he would see how he has affected me (which being an abusive person, he will love).

Ordinarily I would agree with you about the part I have highlighted. Abusers do enjoy seeing how their ghastly treatment of someone upsets and harms them. Dont forget though that he will be in a court room, where other people will clearly see the effects of his actions and be making judgements on it. He will not love that at all.

I'm not going to go as far as to say that it will cause him to think about what he has done or to show any remorse. He would have to possess a level of empathy and compassion that is clearly alien to him in order to do that.

This will be your day in court not his. Your time to stand up for yourself, to put across what you have suffered and the long term implications of abuse that you now face. You are stronger than you think. You have walked into that court and began to prepare yourself. Of course you were nervous. There is not a person I know who would not feel exactly as you do if they were in your position.

I am so sorry for all you are going through but you can see this through and you will feel so much better and more confidant once you have. Please do keep us updated and come back on here whenever you need some support and a listening ear.

SuzieSue

I'm sorry that I can't answer your questions. However, regarding the video link, I hope that they can arrange this for you. If, for some reason, they can't, then please try not to worry too much about it. If, as you say, you break down if there is only a screen between you and him, then it will help your case, not hinder it. The court will see the effect that he has on you and will see him for the bully that he is. If you do break down, then they will have to wait until you are able to compose yourself again.

UserName01_2

I fogot to say. I did ask the lady at court yesterday if I could sit in the public gallery to see another court case. She said yes but when I asked how I go about finding out when there is a similar trial she just said they are regular so wasn't too helpful.

I mentioned it again when I spoke to the lady on the phone today but she advised me not to sit in the public gallery as this could cause me more worry. I can't understand why she would think that unless it is going to be as bad as I am thinking. I would be getting to see how a trial goes and what to expect as a victim which is why I want to see a similar case, not just one with a defendant for theft.

The police have been in touch to ask if I want any help from their domestic violence team, they told me that their team are much better than VS so I will look in to that next week. I asked if they could update my case with updates regarding my eye and was told the officer dealing with the case needs to do that. However, I am still waiting for this new officer to phone me for an update, I have been told twice over the past two weeks that they will get her to give me a call but she still has not been in touch so I can't get anything updated in regards to my eye injury.

SuzieSue

UserName01 wrote: »

I mentioned it again when I spoke to the lady on the phone today but she advised me not to sit in the public gallery as this could cause me more worry. I can't understand why she would think that unless it is going to be as bad as I am thinking.

No, I don't think that is the reason. She does not know how you will react if you see another trial and because she doesn't know you very well, she is just being cautious. If you really think that it will help you, then you should ask her again. However, I don't really see why you think it would help as all trials are different and some victims lie and so are given a hard time by the defence but that doesn't mean you will be as everyone will be able to see that you are telling the truth.

Yorkie1

All trials are different and although you should get an idea of what the process is like, you should not necessarily expect yours to be similar - the advocates and issues will be different. Anyone can attend any court to observe the proceedings. You could just turn up at the court and ask an usher to let you know where a short trial with witnesses is proceeding.

You asked about the level of injury affecting sentence. Yes, it does. If the possibility of permanent injury had been known at the point of charge, it is possible that he would have been charged with a more serious offence (I'm presuming he is charged with the lowest level of assault, i.e. common assault) which could be heard at the Crown Court.

This is why I've suggested that you make every effort to let the police know about the new medical evidence. They should let the prosecutor know, who can then decide whether to proceed with the current level of charge or whether to bring a more serious charge.

As for the special measures, keep mentioning that - but I do need to say that nothing is guaranteed until the prosecutor has made the application and the court has granted it. Hopefully they would grant it but it isn't automatic if you say it would help.

The police can take the information and pass it to the prosecutor; I'd agree that this is better coming from them rather than VS or the witness service.

Really well done on what you've achieved so far; sorry to hear about the ongoing medical investigations, and do make proactive steps as soon as you feel able to take up the offer from the DV unit.

I would be asking pointed questions about why the OIC has not been in touch with regard to evidential and witness issues - there may be a good reason but someone else should be able to step in because time is of the essence in magistrates' court cases, and DV cases need careful handling because of the added pressure on people like you.

UserName01_2

He has been charged with assault by beating. I have tried many times to give police updates regarding my eye injury but keep getting told that the new officer is the only one who can update it, I am still waiting for a phone call from two weeks ago.

My ex pleaded not guilty when he appeared at court 3 weeks ago. Although I don't know for sure if he no commented all the questions or actually said 'not guilty'. The police explained to me that it is likely he no commented all the questions as advised by a solicitor in the hope I will not turn up at court or retract my statement. When he sees I turn up at court there is a good change he will change his plea although knowing him he will not accept responsibility. It's never his fault. He probably try make me out to be the bad one but whatever he says it shouldn't matter as even if he claims he was provoked he should not have done what he done.

What kind of questions will his solicitor ask me? I have been told that they can give victims and witnesses a hard time so I am worried about that too.

The whole thing hasnt been off my mind for more than five minutes since the incident happened over three weeks ago. I can't eat, sleep or distract myself from the thoughts. I just hope it is playing on his mind as much.


Hopefully he will be sentenced but it seems the bad ones always get off lightly. I really don't know what to expect. Some days I think there's a chance he will get 6 months sentence and other days I'm thinking he probably just get a small fine plus court costs. I have been wondering how they link him to the incident if he has no injuries to his hand as it would be my word against his.

UserName01_2

Well I got the news that I expected. I have a big scar on my cornea which won't heal. They could operate but it isn't advisable as there is a chance it could make it worse so now I have permanent blurred vision in one eye. I had a feeling it was gonna be from the start and especially when it didn't heal in 5 - 7 days. I have had four different drops which have not helped so I expected the bad news.

Hopefully he level of charge will be higher since it is permanent damage. I have been back to victim support and they are going to try get in touch with the PC dealing with it since I am being told no one else can update the case and she is not phoning me when given the message to call me back.

marisco_2

I am so sorry to hear the news that your vision has been damaged permanently. That must be devestating news for you. I hope victim support can assist you in contacting the officer working on your case and get this important information updated. It is not right that you have this additional stress and worry right now.