assault charge

irishgirl19

hi all,
I am sad to say that I was with a man who hit me.
In March it went further than usual I left reported it to the gardaí and the doctor got photographs etc,but since then I have got back with him,I believed everything he told me,but as always it happened again.

I am now away for good and this time I know it in myself.
He has hit me many times since but the charge I took against him in March but dropped it the only one I have ever documented.

Even though I dropped it is it still possible to bring it back up as I heard you can do so within six months.

Zambia

http://www.womensaid.ie/

They can assist you.

Best of luck

irishgirl19

Zambia wrote: »

http://www.womensaid.ie/

They can assist you.

Best of luck

Tried womens aid,they don't know if I can bring it back up.
Want to be informed before I go to the garda so was hoping somebody on here might enlighten me

Reloc8

The six month time limit applies to what is known as a summary offence.

What you describe is very likely to constitute offences which are not summary in nature and which have no time limits. In any event, you are within six months of March 2011. If however the case was dismissed by a court, that is the end of that, insofar as that incident is concerned.

Go the gardai. Make a full statement. Explain why it was you stopped the prosecution from March. There is no time limit preventing a prosecution from being brought in respect of the incidences since March in any event.

irishgirl19

Reloc8 wrote: »

The six month time limit applies to what is known as a summary offence.

What you describe is very likely to constitute offences which are not summary in nature and which have no time limits. In any event, you are within six months of March 2011. If however the case was dismissed by a court, that is the end of that, insofar as that incident is concerned.

Go the gardai. Make a full statement. Explain why it was you stopped the prosecution from March. There is no time limit preventing a prosecution from being brought in respect of the incidences since March in any event.

Thanks very much.Will I need to make a whole new statement from the one in march because the one in march would be more accurate as I made it when it was fresh in my mind.I know I will probably need to make a new statement saying why I dropedd the charge in the first place

Reloc8

No problem.

The gardai will know what statements are required from you. Certainly a new statement covering the new incidents and also explaining why you withdrew the complaint in March are likely to be sought.

Stay safe.

MagicSean

You should also look into obtaining a safety order against the man if you haven't already.

Delancey

Although in theory you may be able to make a complaint / press charges this time I suspect the fact you withdrew your first complaint will not help your case. Certainly the defence in such an instance will be bound to raise the fact you dropped it originally.
Also worth noting that if you make a fresh statement the defence will almost certainly also have access to your original statement and again you can expect to be questioned about any discrepancies.

Have you considered going down the avenue of a Barring Order / Protection Order as opposed to a straight criminal case ?