called as a witness

[Rmmm12345 15]

Hi everyone,

I've got a bit of a problem... Long story short I've been called as a witness to court against my mum because she assaulted me in our house. She has a long history of mental health issues so I'm hoping it won't even go to court. But I'm due to leave on July 2nd and the court date is set for August 8th. I said I didn't wish to press charges but the police went above me and pressed them. Her partner also is being involved. I don't know what to do as this has already made me homeless and I'll be jobless as of June 30th. Therefore I'd have nothing if I had to stay for this court date.

Any help would be perfect as I don't know what to do.

[Anitafeliz 1,133]

If you go to court and you have proof of travel maybe they can move up the date or excuse you and use your written testimony is this in the US OR UK??

[Rmmm12345 15]

If you go to court and you have proof of travel maybe they can move up the date or excuse you and use your written testimony is this in the US OR UK??

I'm currently in the UK

[Anitafeliz 1,133]

I'm currently in the UK

Ok in the US you can ask to be excused or testimony read if your unable to attend with good cause. I would see if its at all possible....

If not you may need to move your travel plans its not time sensative your travel is it?!

[Rmmm12345 15]

Ok in the US you can ask to be excused or testimony read if your unable to attend with good cause. I would see if its at all possible....

If not you may need to move your travel plans its not time sensative your travel is it?!

Yes :-

A) my flights are non-refundable.

B) we have travel plans within those travel plans.

C) We've got a wedding to have.

D) I would be left in the UK homeless and jobless therefore unable to provide for myself. Or live essentially.

Thank you for your help.

[Anitafeliz 1,133]

Those are very good reasons for a judge to move up possibly or use your written testimony did you contact the lead prosecuter maybe they will assist you as well?? I would start trying with them if not you can ask for an audience with the judge.

In the us you go to court and wait in the forum they will call anyone with requests not sure how UK handles things. But if you can prove these plans were set prior to there court case being scheduled then i cant see why a judge would appose.

Go next court date at opening. Good luck ?

Edited June 7, 2016 by Anitafeliz

[Ontarkie 14,227]

~~Moved to the Regional forum , from K1 P&P - As this is about the UK court system and not the visa process.~~

[*Snowdrop* 604]

Get it touch now with the Crown Prosecution Service and find out who your local Witness Care Unit is. Content them and explain that you will no longer be living in the UK when the case comes to court. Provide copies of your travel itinerary and proof of tickets bought etc. You can explain the US immigration consequences for you and that you will not be able to travel back easily without penalty.

They will let you know what it possible. It might be that you can just make a victim/witness statement for the file.

They'd have to pay all your travel expenses back from the US and possibly overnight accommodation if they really wanted you to attend the court hearing - I can't imagine that they would want to do that for a relatively small case like this.

They also might consider a TV link.

http://www.cps.gov.uk/legal/v_to_z/victims_and_witnesses_tv_links_for_people_outside_the_uk/

What you can't do is just not turn up though. The sooner you sort this out the better.

[Rmmm12345 15]

Get it touch now with the Crown Prosecution Service and find out who your local Witness Care Unit is. Content them and explain that you will no longer be living in the UK when the case comes to court. Provide copies of your travel itinerary and proof of tickets bought etc. You can explain the US immigration consequences for you and that you will not be able to travel back easily without penalty.

They will let you know what it possible. It might be that you can just make a victim/witness statement for the file.

They'd have to pay all your travel expenses back from the US and possibly overnight accommodation if they really wanted you to attend the court hearing - I can't imagine that they would want to do that for a relatively small case like this.

They also might consider a TV link.

http://www.cps.gov.uk/legal/v_to_z/victims_and_witnesses_tv_links_for_people_outside_the_uk/

What you can't do is just not turn up though. The sooner you sort this out the better.

Thank you ever so much. So I think that's the fiscals office right? I'm gonna go to them on Thursday and hopefully be able to talk to someone face to face. As I've not had a citation letter yet and I don't live at the address so therefore they have no permanent address for me. So I will need to talk to them about that. As I've said the bail conditions have already made me homeless so they'd have to provide accommodation for me to stay for another full month and pay for my living expenses as I'll be leaving full time employment as my notice was handed in weeks ago. Ugh I'm so stressed out this all couldn't have happened at a worse time I have my medical tomorrow and interview next week!

[bob+senga 11]

Im assuming you live in england so your governed by english law. Talk to whoever is asking you to attend court - are there any lawyers involved you can speak to - explain your immigrating on 2nd July, you will not be in UK so can you give a signed affidavit for your testimony( i know this is applicable in scots law where i reside and have an affidavit submitted). The courts can use video link for giving evidence if distance is a problem but you would need to use a public building in USA as it has to go through a very secure link. I wouldn't stress as you didn't want to press charges as you said- will it def go to court. good luck with the interview. it will all work out

[Rmmm12345 15]

Im assuming you live in england so your governed by english law. Talk to whoever is asking you to attend court - are there any lawyers involved you can speak to - explain your immigrating on 2nd July, you will not be in UK so can you give a signed affidavit for your testimony( i know this is applicable in scots law where i reside and have an affidavit submitted). The courts can use video link for giving evidence if distance is a problem but you would need to use a public building in USA as it has to go through a very secure link. I wouldn't stress as you didn't want to press charges as you said- will it def go to court. good luck with the interview. it will all work out

Thank you so much! Im also currently in Scotland. I'm just stressing so much that it's making me so unwell

[Rmmm12345 15]

Im assuming you live in england so your governed by english law. Talk to whoever is asking you to attend court - are there any lawyers involved you can speak to - explain your immigrating on 2nd July, you will not be in UK so can you give a signed affidavit for your testimony( i know this is applicable in scots law where i reside and have an affidavit submitted). The courts can use video link for giving evidence if distance is a problem but you would need to use a public building in USA as it has to go through a very secure link. I wouldn't stress as you didn't want to press charges as you said- will it def go to court. good luck with the interview. it will all work out

Could you maybe message me privately to help me with this? I don't even know where to start. Thank you

[yuna628 9,676]

Remember that if you leave the US without first marrying and filing for AOS (with EAD/AP), and you don't have that EAD/AP card, you will have to start over fresh with a spousal visa. To get the AP faster than the standard 90 day wait after filing, you'd have to try and obtain emergency AP, if you manage to marry and file before you have to potentially return for a court case. My suggestion is you're going to have to sort out appearing as a witness with whomever is handling this case before you go.

[Rmmm12345 15]

Remember that if you leave the US without first marrying and filing for AOS (with EAD/AP), and you don't have that EAD/AP card, you will have to start over fresh with a spousal visa. To get the AP faster than the standard 90 day wait after filing, you'd have to try and obtain emergency AP, if you manage to marry and file before you have to potentially return for a court case. My suggestion is you're going to have to sort out appearing as a witness with whomever is handling this case before you go.

Yeah, I'm aware of that all so I'm going to try and either withdraw myself from the case or appear some other way - if it makes it fully to court. This is literally a living nightmare.