Domestic

whitewing

I really think you also need to ask them in your letter why they think the text was from you? Has your ex been able to get a mobile registered in your name somehow?

UserName01_2

whitewing wrote: »

I really think you also need to ask them in your letter why they think the text was from you? Has your ex been able to get a mobile registered in your name somehow?

I wouldn't have thought so but pay as you go sim cards don't need to be registered so I would imagine it is someone they know texting off a sim that is not registered.

The officer that visited me did not know much as he had the investigation passed over to him from another station so I don't know if the police visited his brother and seen the text. I am really surprised they wasted their time coming out for something so silly, fair enough if it was a threat but someone texting stating SS should be informed for their childs welfare is ridiculous.

I said all I know it that he is my ex's brother, I have never met him or contacted him but I believe he was the passenger in my ex's car when he put my window out. When the incident happened last week, I did not know who the other man was who was in the car with my ex. After describing him to my friend (who went through school with them both) and seeing a photo it was definitely his brother. Maybe I should have included this in the statement and he would have likely been arrested for questioning but my main focus was getting the charge brought against my ex.

whitewing

Have you not mentioned to the assault police that there was a passenger in your ex's car at the time of the assault?

If not, then I definitely think you should let them know that.

UserName01_2

whitewing wrote: »

Have you not mentioned to the assault police that there was a passenger in your ex's car at the time of the assault?

If not, then I definitely think you should let them know that.

No, reason being I did not know who the passenger was and I was also a bit frightened because I had no witnesses that seen exactly what happened - therefore his brother/passenger could have acted as his witness and made up a story. Although nothing could condone the criminal damage and assault.


Would his brother have been arrested and questioned for allowing the incident to happen without reporting it and driving off from the scene?
Not that he is going to report his brother for assault, but had I been in that position I would have stopped my brother from following and doing what he done. I would have also got out to make sure the person was okay, that is me though. They are just as bad as each other.

whitewing

You should speak to the assault police tomorrow and explain fully that you were frightened.

The brother was part of it.

You need to be careful that by not mentioning it you may appear to not be giving a full version of events and that make may people wonder what else had been left out, which may make it more difficult to get a conviction for your ex.

I think you can resolve this, but I think you need to speak to the assault police about this and about the text message incident so they can get a full picture.

Don't worry about it tonight but do speak to the police first thing. And do make the call yourself, don't wait for them to contact you.

likelyfran

Yorkie1 wrote: »

Likelyfran you are coming across as very emotionally involved in this. Do you have a history of domestic violence which is clouding your perspective in this matter?

The OP was no longer in danger when she rang the police. Hence no immediate response being needed.

It can take time for an arrest to be secured, for various investigatory / resource / strategic reasons.

I fully agree that the police should have kept the OP informed of the arrest, charge and bail conditions. That was wrong of them not to do so and a complaint would be justified.

OP, it is unreasonable to expect the police to link the assault with the subsequent complaint about the text message. I did not fully understand your long post about it OP, but I do not understand why you say you have a formal warning on your record. Were you asked to sign a formal harassment warning? If so, why did you do so? You denied it and there will be no evidence if the truth indeed is that you never sent that text.

You MUST update the police with the medical outcome from tomorrow; it could affect the level of charge as I previously stated.

Finally, I don't know where you got your information about assault charges from but (assuming you are in England or Wales) it is completely inaccurate. There is no such offence as third degree assault, carrying 2 years' imprisonment. As previously stated, there is common assault (max 6 months); ABH and GBH/wounding (both 5 years max at CC, 6 months at Mags), and GBH/wounding with intent (max life).

Excuse me?
Do I have to have a history of domestic violence or be 'emotionally involved' to notice and point out someone's extreme insensitivity?!

UserName01_2

I am not sure it is worth mentioning his brother/passenger now. I agree he was part of it, he let it happen and didn't report it or stop - instead they both made a get-away. However, my main concern was getting the ex arrested and charged and now the ball is rolling so closure is not far away.

whitewing

I do not know the law but I think it is possible that your ex could get off on a technicality if you have lied by omission (ie you have not told the police about something - the passenger being present - that you know to be true.

UserName01_2

When I gave my statement, I was asked who was in my car. She did not ask if he had any passengers otherwise I would have gave details. I did not feel this was important, the important thing was catching my ex. I was unsure if his brother would be arrested and questioned. He was part of it but he didn't commit the crime.

I doubt my ex would have mentioned he had a passenger as he won't want his brother involved. And I can't imagine him being let off for me not mentioning he had a passenger in his car.

UserName01_2

I have just been woken up by a text message off his friend. Should i report the text to police as I believe my ex is breaching his bail conditions so would be arrested. The text is just one word (name calling).