Lewegie

I'll briefley set the scene. Going through painfull divorce the the moment and after an arguement last week the police were called as my wife felt i shouldn't be there cos i was upsetting her. I could see how hysterical she was so i called one of her best friends to come round and calm her down.
So the wife, her friend and me are sat in our lounge when Mr Plod turns up. I says to him that its a waste of his time being here but if he's got nothing to do he is welcome to sit an listen to our conversation so that he can see that the wife is in no danger.
Before you know it, he has looked at the wife, seen her upset and start dropping suttle hints that i am being asked to leave. I explained that nothing had happened and that nothing would to put her in any danger, Mr Plods answer, well there COULD be a breach of the peace.
So COULD be is good enough reason for me to be asked to leave my house.
When i got to speak to the copper on my own i let him know what i thought of his unprossional comments he had made which he apoligised for, and admitted he could have created a situation.
It's difficult to paint a picture in so little words but i'm basically saying it stinks that you can be asked to leave your home when the wife has not been put in any danger, because your wife is upset and there could be problem.
Maybe i should ring the police next time she gets upset !

SiPie

I'm sure that you can appreciate that in cases of domestic abuse etc when plod comes to the door.... a guilty culprit isn't exactly going to say to the police.... Wife beaters etc will have the wife so terrified that they'll answer that they are ok and in no danger.

Not a nice situation for you mate but I'm sure plod was just erring on the side of caution.

Would of been a bit nasty if he'd left and then been called back to deal with an incident that had more serious consequences for all involved.

milo

i thought the cops normally took an "it's a domestic" stance on things like this and just left alone until something happens.


did you ask what would happen if you didn't leave? afaik you can't be arrested and/or detained for "maybe going to do something", so what was the cop threatening you with?

ProperCharlie

i should imagine the plod was thinking something of along the lines of:

"jesus - wtf am i doing here, another poxy domestic. well if i ask the feller to leave until it's all calmed down, i can get out of here and don't have too worry about being accused of doing nothing if it all kicks off and he puts her head through the telly"

not nice for the bloke involved but not that easy for the copper either.

Lewegie

I accept that they have to deal with some very messy situations but they should have spent time to way up the situation before jumping to a wrong conclusion. I have no criminal record, i have never hurt my wife and never will, thats not me.
I did say to them that i would not leave unless my wifes friend asked me to.
I explained to the law that they would have to call for reinforcments cos i wouldn't leave voluntarally. I said that it was crazy as i would be banged up in a cell for resisting arrest and prosecuted for it when i had done nothing to warrent an arrest.

Scooby96

I very much doubt if they would have prosecuted you for a potential breach of the peace, even a geniune breach is probably an overnighter in a cell or a ticking off and thats it.

ajm

Sounds very harsh to me, you have my sympathy. The whole scenario sounds like a complete nightmare.

The more of these horror stories that come to light the harder it is to envisage anyone ever putting themselves in such a vulnerable position as marrying someone, its just too risky.

milo

i dont think u could necessarily say that it's down to marriage. this also EASILY could have happened had they just been living together.

if you're saying "why would someone get married" then i would agree its hard to justify.. but not for stopping things like this horror story happening... but for other reasons instead (e.g. division of assets on a divorce etc etc).

if you're saying "why would someone get involved/live with anyone" then its easy to justify... the benefits from having it far outweigh stuff like this happening now and again.

Mungo

So will the police come and guard my Scoob at night as there MAY be somebody coming to steal it?
Or will they escort my wife home from the station as somebody MAY be lurking the trees to mug her?
I think not....

BuRR

"A breach of the peace is not in itself a criminal offence, but the police and any other person have a power of arrest where there are reasonable grounds for believing a breach of the peace is taking place or is imminent. The Court of Appeal has defined a breach of the peace as being 'an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done'- R v. Howell ."

Pete Croney

My concern would be that when you soon to be ex-wife stands up in court for her cut and attempts to make you out be a total ba****d, she can correctly point out that the Police threw you out of the marital home.

Leslie

The copper may well form the opinion that the situation could lead to a breach of the peace but I don't think he should have the right to throw out of your own house unless there is positive proof that you have committed or about to commit an offence.

Les

Pete Croney

In fact, I really do think you should seek an apology from the Police and clarification that you had done nothing wrong.

The Officer was wrong to do what he did. If he did not want to arrest you, he should have left.

The law has changed now in domestic cases and the police do not need a beaten wife's permission to press charges. This is a very good thing as the people who that are scum.

Just make sure your name is clear and you cannot be wrongly suspected of this in later proceedings.

ProperCharlie

hang on, all that happened is the police "insinuated" that the man should leave the house (temporarily). the man didn't wish to leave the house - he told the police that and the police apologised for his suggestion. don't think it needs to go further, does it?

lmsbman

I think you have blown this out of all proportion. We (the Police) are called to these domestic arguments all the time. They have a nasty habit of flaring up whilst emotions are running high. The easiest way for the situation to be defused is to ask one of the parties to go somewhere else for a while, whilst both parties have a chance to cool off.
In the circumstances you have described, I would have asked you if is there is anywhere you can stay for the night. If you refused, I would have to warn you that should I get another call back I would have to arrest you to prevent breach of the peace.
However, making comments like would not make me think that all would be calm when I left.
These situations are horrible to deal with, because no-ones a winner. However, the Police have got a job to do to keep things peaceful.I don't like taking sides, but the fact your wife called the Police, would normally show she was in fear. However, years of experience has taught me to recognise when a partner is using the Police as a tool to get their 'own back'. This may have been the case in this instance but you also have to take some of the blame.

Pistol_Pete

How can you pre decide what you are going to do before you are called back? If I was there and doing nothing wrong, I would not be best pleased to receive a warning like that from the PC. In fact a statement like that would probably up the emotions already running high there. IMO.
Saying that, the Police are probably almost always in a no win situation for domestic disturbances.

Pistol_Pete

[QUOTE=Lewegie]
I explained to the law that they would have to call for reinforcments cos i wouldn't leave voluntarally.QUOTE]

That is probably the most stupid thing you could say to a police officer. You are hardly going to win him round with a statement like that. I can see where you are coming from with the rest of your post though.

Lewegie

I know that it wasn't the best thing to say i and thought hard before saying it in a calm and collected manor. Situations like this do make you realise what a difficult job the police have at times. Having to try and differentiate between a heated arguement and a man beating his wife is not a task i would want to take on. I guess i was just disappointed that on this occassion i felt that asking me to leave because there could be a breach of the peace unjust.
My wife was using them as a tool in our divorce, i knew this because i heard her conversation when they rang to check on her while on their way. They asked her if i had been drinking to which she replied yes, she could smell alchohol on my breath and i had been driving. She new that i had just had a 2 hour conversation with her best mate in a pub and that i don't drink and drive which her mate could confirm, but i guess anything goes in a divorce war.
Interesting replies, Thanks

ajm

No offense, but from what you have said she sounds like a scheming, manipulative cow! At least you are getting out now while you still have the rest of your life!

Pistol_Pete

Lewegie.
I forgot to add. Hope it all gets sorted for you. Divorces are never pleasant.

ProperCharlie

remember - a contract is always the cheaper option.

ANDYUK300

pi$$es me off that it is always the male that is seen to be in the wrong and has to leave, even if it is the wife that is getting hysterical and causing what could be "breach of the peace".
the law in this country is geared around siding on the female side i.e usually get kids, house, nice big monthly payments. utter shat IMO

Nathan L

You are unlikely to get an apology and how would you suggest getting clarification? Would that not be taking sides again?

The Officer was not wrong in what he did and he doesn't have to leave if he believes or suspects a BOP may occur.

A PC may arrest someone for this.........

When a BOP is occuring.
When a BOP has occured and the PC has reasonable grounds to suspect another will occur.
When the PC believes a BOP will occur.

rr_ww

Horrible situation to be in.

Mate of mine started to live with his GF. 18 months in they bought a house together. After another 18 months or so she decided to cheat on him. She works as a Community Support Officer, and the amount of times she called the Police to the house, to try and stitch him up was unreal. Problem is shes "Official" so shes just abusing the trust they have in her to get at him!

She went out one night, then came back with her new BF and sat outside talking for 3-4 hours. My mate saw them outside, but carried on doing whatever it was.

Next thing the 2 Uniforms are at the door saying "Why wont you let her into the house?!?!" Mate explains that hes not, and points out the door wasnt bolted and she hasnt actually tried to get in. "Can we stay while she gets her possessions" "Fine" says mate.

Police saw what was up and left without anything formal. But its an awkward situation for them to be in just as much.