likely outcome of child assault charge?

[Archibald]

I've got a friend who is in a bit of bother :(
Recently work and home life has become VERY stressful for him and the other
day he lost his temper with his daughter and pushed her. She fell backwards
and hit her head causing a small cut.
This was very unlike his normal behaviour, normally being a loving father of
three kids. As this was so out of character, his son then proceeded to phone
his wife saying that he was trying to kill his daughter. The wife then came
home and took the girl to hospital, where she informed the doctors that her
husband had attacked the daughter.
My friend and his wife have had a few issues recently, and it appears that
she is using this incident to try and get him in as much trouble as
possible. He himself went to the police station and reported himself for
acting irresponsibly. He is totally disgusted with his behaviour, but looks
to have got just much too stressed. He has been released on bail and is due
in court tomorrow.
Unluckily for him though... he did have social services visit about 6 months
ago due to some playful jokes from his daughter at school over a bruise
after she fell off her bike. They found nothing wrong (as he didn't do
anything), and made no further contact (I believe him implicitly on this..
doesn't help though).
Problem is that he's got no idea what his wife has said, as he's been banned
from making any contact with them. She has her own motives for making life
difficult for him.

I'm afraid the conviction for assaulting his child will only be the
start of his problems.

Social Services (and the police) will become involved again and will
take the view that he was guilty the 1st time and got away with it.

They will call a child protection conference; the school, the police and
his wife will speak against him (they will all lie, if necessary),
everything he says and said will be twisted around, and the little girl
will be placed on the "At risk register".

Once the little girl is on the CPR social services will take action to
have him excluded from the family home.

If he can remain calm during all this he might keep his job, but he may
not be able to cope with what will happen to him and he may start
drinking and/or become aggressive in which case he is likely to lose his
job and his life will fall apart around him.

Does all this sound far fetched? It has happened to many innocent
people.

Archie

[Cynic]

Post by Archibald
I'm afraid the conviction for assaulting his child will only be the
start of his problems.
Social Services (and the police) will become involved again and will
take the view that he was guilty the 1st time and got away with it.
They will call a child protection conference; the school, the police and
his wife will speak against him (they will all lie, if necessary),
everything he says and said will be twisted around, and the little girl
will be placed on the "At risk register".
Once the little girl is on the CPR social services will take action to
have him excluded from the family home.
If he can remain calm during all this he might keep his job, but he may
not be able to cope with what will happen to him and he may start
drinking and/or become aggressive in which case he is likely to lose his
job and his life will fall apart around him.
Does all this sound far fetched? It has happened to many innocent
people.

Unfortunately all the above is indeed extremely likely to happen. He
may get away with not being forced to leave the martital home if he
were to attend some form of anger-management therapy and get a
positive report from them.

I would also agree with Richard in that what he did was *not* trivial,
and that he does need to ensure that he will never react in that way
again. Having said that, the reaction of the social services and
Family Court may end up being way OTT unless he can find a reputable
expert who is willing to state that he does not present a risk of
significant future harm to his children.

[That_Bloke]

Well.. he went to court today and was told the case was being taken to Crown
Court in early December.

One of the problems is that my friend is pleading "guilty" to pushing her,
(and therefore she fell over and hurt her head), BUT they are now trying to
stitch him with further allegations (that he then procedeed to punch her..
which he definitely didn't).

Would it be better for him to not plead guilty to any of it?

And he's already been banned from making any contact or visiting the family
home.
This in itself causes many problems for him. What rights does he have to go
and collect things like clothes and other essential items (like stuff for
his job) ??

Post by Cynic

Post by Archibald
I'm afraid the conviction for assaulting his child will only be the
start of his problems.
Social Services (and the police) will become involved again and will
take the view that he was guilty the 1st time and got away with it.
They will call a child protection conference; the school, the police and
his wife will speak against him (they will all lie, if necessary),
everything he says and said will be twisted around, and the little girl
will be placed on the "At risk register".
Once the little girl is on the CPR social services will take action to
have him excluded from the family home.
If he can remain calm during all this he might keep his job, but he may
not be able to cope with what will happen to him and he may start
drinking and/or become aggressive in which case he is likely to lose his
job and his life will fall apart around him.
Does all this sound far fetched? It has happened to many innocent
people.

Unfortunately all the above is indeed extremely likely to happen. He
may get away with not being forced to leave the martital home if he
were to attend some form of anger-management therapy and get a
positive report from them.
I would also agree with Richard in that what he did was *not* trivial,
and that he does need to ensure that he will never react in that way
again. Having said that, the reaction of the social services and
Family Court may end up being way OTT unless he can find a reputable
expert who is willing to state that he does not present a risk of
significant future harm to his children.
--
Cynic

[Mike]

Post by That_Bloke
Well.. he went to court today and was told the case was being taken to Crown
Court in early December.
One of the problems is that my friend is pleading "guilty" to pushing her,
(and therefore she fell over and hurt her head), BUT they are now trying to
stitch him with further allegations (that he then procedeed to punch her..
which he definitely didn't).
Would it be better for him to not plead guilty to any of it?

He *must* take proper legal advice. Did he speak to the duty solicitor?
Legal representation is free for criminal proceedings - there's no
"means test" or anything. If it's going to Crown, it's a lot more
serious than he thinks and he could be facing a gaol sentence.

Post by That_Bloke
And he's already been banned from making any contact or visiting the family
home.
This in itself causes many problems for him. What rights does he have to go
and collect things like clothes and other essential items (like stuff for
his job) ??

That depends on the exact terms of his bail. If he wasn't represented
in court, it's possible that there's no provision for him to get any of
his property so he (or his solicitor) will have to apply for a
variation.
BTW, please don't top-post. It makes it difficult to keep comments in
context.

[Anthony Edwards]

On Thu, 13 Nov 2003 19:00:59 -0000, That_Bloke

Post by That_Bloke
Well.. he went to court today and was told the case was being taken to Crown
Court in early December.

Crown Court? That suggests that the offence was a good deal more
serious than portrayed in your postings so far.

[Archibald]

Post by That_Bloke
Well.. he went to court today and was told the case was being taken to Crown
Court in early December.

Would you please keep us informed regarding any developments in this
case? Thanks

Archie

[That_Bloke]

Post by Archibald

Post by That_Bloke
Well.. he went to court today and was told the case was being taken to Crown
Court in early December.

Would you please keep us informed regarding any developments in this
case? Thanks
Archie

Thanks for all your help so far, it is really appreciated. One of the
problems is that both my friend (and mysefl!) have never been in any type of
trouble or had any contact with the court system, so it's difficult to
understand all the complexities of it all.

As I have stated, my friend does admit to losing his cool and oushing his
daughter. She then fell and hit her head, which resulted in a small cut and
probably some brusing (although this is a guess and nothing seen or shown
yet). The reason why this appears to being taken out of context is that the
wife (actually they're not married, but this keeps things simpler) appears
to have convinced the daughter to state that he then procedded to repeatedly
punch the girl in/around the head (absolutely not true).

An immediate question my friend would like some feedback on is... what are
his rights regarding his own belongings? - For instance he owns two newish
vehicles, one of which he currently allows his wife to use, but it's totally
owned by himself, in his name etc. Is it possible for him to retrieve this
vehicle with a view to selling it to raise funds to help for legal bills
etc. ?

Can't remember if I've mentioned that my friend and his wife are not
actually officially married. They were married up until a couple (maybe
three?) years ago but then for a few reasons they parted and he divorced
her. Unfortunately, despite lots of warnings (she's not a nice person!), he
took her back and they live(d) together as man and wife. She has an awful
history of running up huge debts, and is declared bankrupt so can't have any
credit etc herself, hence everything is in my friends name.

So what is HIS/Her rights to the contents of the house (he's got some quite
expensive things in there).

Also.. It looks like she is trying to totally destroy him by phoning his
work and all of his family and telling them (her version of) what has
happened. Is that allowed before any trial has taken place?

[Mike]

Post by That_Bloke
Thanks for all your help so far, it is really appreciated. One of the
problems is that both my friend (and mysefl!) have never been in any type of
trouble or had any contact with the court system, so it's difficult to
understand all the complexities of it all.

That's why he needs proper legal advice!

Post by That_Bloke
As I have stated, my friend does admit to losing his cool and oushing his
daughter. She then fell and hit her head, which resulted in a small cut and
probably some brusing (although this is a guess and nothing seen or shown
yet). The reason why this appears to being taken out of context is that the
wife (actually they're not married, but this keeps things simpler) appears
to have convinced the daughter to state that he then procedded to repeatedly
punch the girl in/around the head (absolutely not true).

ISTM the "wife" is attempting to make things as bad as possible for him.
I'd be surprised is she doesn't make some spurious, false, allegations
that he's been violent towards her. She never reported these previous
attacks because she was frightened of him.

Post by That_Bloke
An immediate question my friend would like some feedback on is... what are
his rights regarding his own belongings? - For instance he owns two newish
vehicles, one of which he currently allows his wife to use, but it's totally
owned by himself, in his name etc. Is it possible for him to retrieve this
vehicle with a view to selling it to raise funds to help for legal bills
etc. ?

It remain his property but he won't be able to retrieve it easily. If
he tries, even within his conditions of bail, he could find further
allegations made against him.

Post by That_Bloke
Can't remember if I've mentioned that my friend and his wife are not
actually officially married. They were married up until a couple (maybe
three?) years ago but then for a few reasons they parted and he divorced
her. Unfortunately, despite lots of warnings (she's not a nice person!), he
took her back and they live(d) together as man and wife. She has an awful
history of running up huge debts, and is declared bankrupt so can't have any
credit etc herself, hence everything is in my friends name.
So what is HIS/Her rights to the contents of the house (he's got some quite
expensive things in there).

He'll be forced to leave his home because of his violent behaviour and
she'll end up taking the lot. She may have been planning something like
this for some time. Was she violent towards him? Not that it makes any
difference because police policy to is to always blame the man but it
might show a pattern.

Post by That_Bloke
Also.. It looks like she is trying to totally destroy him by phoning his
work and all of his family and telling them (her version of) what has
happened. Is that allowed before any trial has taken place?

Not surprising. I don't know whether she's committing an offence but,
even if she, no action will be taken against her.

[Cynic]

On Thu, 13 Nov 2003 19:00:59 -0000, "That_Bloke"

Post by That_Bloke
Well.. he went to court today and was told the case was being taken to Crown
Court in early December.

Which indicates that the magistrates consider it to be a serious case
(unless *he* asked for it to go to Crown Court).

Post by That_Bloke
One of the problems is that my friend is pleading "guilty" to pushing her,
(and therefore she fell over and hurt her head), BUT they are now trying to
stitch him with further allegations (that he then procedeed to punch her..
which he definitely didn't).
Would it be better for him to not plead guilty to any of it?

No. He should admit to what he is guilty of. There is a special type
of trial known as a "Newton Hearing" that is held when the defendant
admits the charge but denies the severity of the crime. Make sure
that his solicitor knows that he is contesting the facts that the
prosecution allege. If a Newton Hearing was not considered when
listing the Crown Court date, it may unfortunately delay matters as a
new listing with more Court time is sought. OTOH the CPS may agree to
go along with his version of the facts if they know he will plead
guilty to them. Although there is no "plea bargaining" in the UK,
some things sort of work as if there was.

Post by That_Bloke
And he's already been banned from making any contact or visiting the family
home.
This in itself causes many problems for him. What rights does he have to go
and collect things like clothes and other essential items (like stuff for
his job) ??

He should ask his solicitor about it. His ban from the home at the
moment is probably part of his bail conditions to prevent him from
interfering with prosecution witnesses. The safest way would probably
be to tell the police what he needs to collect and let them suggest
how it can be done. Again, his solicitor would be the person to give
the best advice. If he ignores the ban he may well find that bail is
withdrawn and he gets to await the trial date in prison.

[Archibald]

Post by Cynic
Unfortunately all the above is indeed extremely likely to happen. He
may get away with not being forced to leave the martital home if he
were to attend some form of anger-management therapy and get a
positive report from them.

I don't hold out much prospect of that happening as the OP states that
there is a bad relationship between the man and his wife and we know
from some such instances that the wife is likely to "poison" the
children towards the father.

Archie

[Cynic]

Post by Archibald

Post by Cynic
Unfortunately all the above is indeed extremely likely to happen. He
may get away with not being forced to leave the martital home if he
were to attend some form of anger-management therapy and get a
positive report from them.

I don't hold out much prospect of that happening as the OP states that
there is a bad relationship between the man and his wife and we know
from some such instances that the wife is likely to "poison" the
children towards the father.

Sadly true, though any initiative he takes *might* work in his favour.
It would certainly be worth a try IMO.

[No Spam]

I am against any form of child abuse, but this seems ridiculous that
this normally loving person is being charged for a one off incident
such as this.

No, it is not ridiculous. A slightly more serious head injury, and he
could now be facing a murder charge. If he tries in any way to minimise
the seriousness of what he has done, he is fooling himself dangerously
and he will alienate the Court.
The only difference between this and many other criminal charges is that
you happen to know this guy. Let this be a lesson to you that many
criminals are not "other", they are often as not ordinary people in
difficult circumstances.

Anyone got any ideas on what the likely outcome will be if it goes
further?

Depends on the mitigation. He needs to get himself a solicitor now, look
at pleading guilty and getting reports asap on the extent to which he is
suffering from stress that has led to this incident.

He has got a solicitor, although it is only the duty one that was
available at the time of arrest. Not sure that he is getting the BEST
legal advice possible :( His solicitor seems to have just accepted
the fact that he is going to prison. Surely a good one would be
looking at all avenues to try and avoid this?

Surely the fact that if he gets a prison sentence then his 3 children
are going to suffer even more since he will lose his job and not be
able to support them as they are now. Does this sort of thing get
taken into account when the court considers the case?

Can anyone point me towards any web sites that may show similar case
histories?

[Richard Miller]

Post by No Spam
He has got a solicitor, although it is only the duty one that was
available at the time of arrest. Not sure that he is getting the BEST
legal advice possible :(

Virtually every solicitor attends duty sessions under the rota. The fact
that he has the duty solicitor tells you nothing about their quality.

Post by No Spam
His solicitor seems to have just accepted the fact that he is going to
prison. Surely a good one would be looking at all avenues to try and
avoid this?

That doesn't sound too good, although obviously it is difficult to tell.
It may be worth trying to get a second opinion from another.

Post by No Spam
Surely the fact that if he gets a prison sentence then his 3 children
are going to suffer even more since he will lose his job and not be
able to support them as they are now. Does this sort of thing get
taken into account when the court considers the case?

It can do, yes.

Post by No Spam
Can anyone point me towards any web sites that may show similar case
histories?

Can't help on that, I'm afraid.