Hi. My husband assaulted me and the police put on an Intervention Order (restraining order). I had to call to ensure it didn't escalate. I had no idea an Intervention Order was for 12 months or longer. Whilst it was the police who placed the Intervention Order, they put in the statement that I sought it. I didn't (I believe it would be considered implicit on calling them out).
I do not accept abuse, but I am left in a bad situation and as it is his first offence I am being told that without obvious physical injuries (I wasn't injured but definitely assaulted) that it remains his word against mine. I am a good witness and can furnish evidence. I was hoping and thinking that it would be a good behaviour bond and possible counselling and could hope to work things through. The Police prosecutor requested a variation on the Intervention Order to allow us to communicate by telephone and in a public place.
At court, his lawyer has said 'no'. I know that the lawyer will advise him, but that the lawyer also acts on his requests. Or marriage was going very well until this blow up over something unexpected. If my husband wants no contact, it is the opposite of anything he has ever said, so I don't know if it is his lawyer or him. However, it has the affect of making me feel more betrayed by him.
The thing is, I am now even angrier and if he has taken the attitude or pleading not guilty when he knows what he did. It will not be good for him when he goes to trial, as I have other evidence that he and certainly his lawyer knows nothing of. I was recording a shopping list when he had 'gone off; one time before and it was recorded, as it was still open. Even though it wasn't the recent incident, it will establish that he has done this in the past.
I am the main witness, he has always been very loving (except this and yes, I know it is not good at all but I believed salvageable with help). I believe that if he had communication with me, we could have seen if we can work on things and he could have put forward that he was trying to do the right thing. It seems his lawyer is intent to go down the adversarial path and it has the effect of me now believing he never loved me, doesn't care and I WILL present this evidence. I know he will then get a conviction. The prosecutor thinks it very strong too. It means that our marriage is definitely over, with no possibility of reconciliation with support and he will be convicted.
Wouldn't he have been better to take a guilty plea and have it mitigated with me on his side if he would undertake counselling?
I think his lawyer has removed the only real hope he might have had with me as the witness. I will also stand as a very credible witness as I am a professional and articulate with no criminal record and by the time it goes to court I will feel no bond with him at all. Especially when I believe now that he had advised his lawyer and having no way to know if he is just scared and listening to his lawyer using a one size fits all approach.
Any help from people in the know? Lawyer etc
Thank you
I do not accept abuse, but I am left in a bad situation and as it is his first offence I am being told that without obvious physical injuries (I wasn't injured but definitely assaulted) that it remains his word against mine. I am a good witness and can furnish evidence. I was hoping and thinking that it would be a good behaviour bond and possible counselling and could hope to work things through. The Police prosecutor requested a variation on the Intervention Order to allow us to communicate by telephone and in a public place.
At court, his lawyer has said 'no'. I know that the lawyer will advise him, but that the lawyer also acts on his requests. Or marriage was going very well until this blow up over something unexpected. If my husband wants no contact, it is the opposite of anything he has ever said, so I don't know if it is his lawyer or him. However, it has the affect of making me feel more betrayed by him.
The thing is, I am now even angrier and if he has taken the attitude or pleading not guilty when he knows what he did. It will not be good for him when he goes to trial, as I have other evidence that he and certainly his lawyer knows nothing of. I was recording a shopping list when he had 'gone off; one time before and it was recorded, as it was still open. Even though it wasn't the recent incident, it will establish that he has done this in the past.
I am the main witness, he has always been very loving (except this and yes, I know it is not good at all but I believed salvageable with help). I believe that if he had communication with me, we could have seen if we can work on things and he could have put forward that he was trying to do the right thing. It seems his lawyer is intent to go down the adversarial path and it has the effect of me now believing he never loved me, doesn't care and I WILL present this evidence. I know he will then get a conviction. The prosecutor thinks it very strong too. It means that our marriage is definitely over, with no possibility of reconciliation with support and he will be convicted.
Wouldn't he have been better to take a guilty plea and have it mitigated with me on his side if he would undertake counselling?
I think his lawyer has removed the only real hope he might have had with me as the witness. I will also stand as a very credible witness as I am a professional and articulate with no criminal record and by the time it goes to court I will feel no bond with him at all. Especially when I believe now that he had advised his lawyer and having no way to know if he is just scared and listening to his lawyer using a one size fits all approach.
Any help from people in the know? Lawyer etc
Thank you