Domestic Violence Trial in Mansfield – Not Guilty
Mansfield crime solicitor Tim Haines recently used all of his experience to secure a not guilty verdict in a domestic violence trial. The case required sensitivity and a clear trial strategy.
During an acrimonious relationship breakdown, Tim’s client was charged with an allegation of common assault. He was said to have slapped his son in the presence of his estranged wife.
In interview and thereafter, Tim’s client always maintained his innocence. He claimed that it was a false allegation designed to make sure he had to leave the matrimonial home.
Special Measures for Child Witness in Domestic Violence Trial
Tim knew that this had the potential to be an emotive trial. Special Measures were granted to help the young witness give his best evidence. This meant that he appeared in court over a video link. Although it was a distressing experience for him, Tim had to ask him questions about the incident to test whether witnesses were telling the truth.
Our client’s wife then gave evidence about the incident.
She was followed by Tim’s client who gave evidence on his own behalf along with a character witness.
Tim was then able to address the Magistrates’ as to the evidence in the case. His client had been consistent in his account to both the police and the court, and was helped by the evidence of good character that he was able to provide.
Not Guilty Verdict and No Restraining Order
On the other hand, there were inconsistencies in the evidence of the young witness and our client’s wife that were significant and not easy to explain away.
As a result, after full deliberation, the Magistrates’ were not persuaded that the prosecution had proved the case to the criminal standard of proof. They were not sure that Tim’s client had assaulted the child so was found ‘not guilty’.
Contact a Criminal Defence Solicitor in Mansfield
Allegations of domestic violence are treated seriously by the courts. They also need handling with sensitivity. The law can be complex, particularly where the prosecution do not seek to rely on the complainant’s evidence.
As a result, if you are arrested or know that the police wish to speak to you about an offence of domestic violence make sure you insist on your right to free and independent legal advice.
The advantages of such early advice legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case. Legal aid may well be available to fund your defence at court.
We have offices across the East Midlands. You can find your most convenient office here. Alternatively you can contact us using the form below.
Tim Haines can be contacted on 01623 675816 or by using the form below.
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