Legal Question in Family Law in United Kingdom
domestic violence
my husband and i had an argument he pushed me away and i fell and hurt my wrist the police were called and he was arrested for domestic abuse.we were both very drunk at the time.the police took a statement from me while i was very drunk and upset.i have written to the ccourts to say that i dont want to proceed with the case.i recieved a letter from them saying that i still had to go ahead with the case and give evidence in court which i do not want to.can they make me do this?
1 Answer from Attorneys
Re: domestic violence
The police should not have taken a statement from you whilst you were drunk. By reason of your intoxication this statement is invalid.
The decision on whether or not to proceed with the case against your husband is that of the police after consultation with the Crown Prosecution Service. It is not a decision which can be made by the court. You can not be made to give evidence and were the police to try and rely upon the evidence you gave when drunk you should make clear that now being sober you retract it.
My advice is that you should write to the police (care of the officer in the case) making clear that you will not give evidence against your husband and that you withdraw your complaint and do not wish for the prosecution to continue.
Remember always that law a wife can not be compelled to give evidence against her husband and without your evidence any charge against your husband cannot be proved and should be withdrawn.
Andrew Dutton
www.legal-zone.co.uk
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