how do i stand with the law if i hit my sisters husband after he was calling me names?

Question

he slagged of my mother and me and he was shouting that i was a lazy slag etc... his body language did seem to be quite agressive so rather than him go for me first (i did not want to take that chance) i hit him. he then pinned me to the floor and sat on me still calling me names and insulting my mother. he told my sister to call the police wether she did or not i dont know. I was struggling with him to get him off me I did kick out at him and I did call him names back, I was at that point just trying to get him off me. he had two other people there asides from my sister. it has been nearly 4 hours since I still havent had a visit from the police is this normal. or should I expect a visit in the morning.

Answer 1

It really depends on how much was reported to the police (if reported at all).

Given that four hours have passed, I would think it highly unlikely the police have been notified. If reported, what you describe would be classed as a domestic disturbance and I would think that the police would arrive promptly to calm the situation.

Having said that, if your sister's husband has bruises or any physical signs of an assault, and he feels a grudge enough to contact the police, then yes you could expect a visit in the morning.

You say there were two others there, apart from your sister, her husband and yourself. You do not mention if your mother was present.
If matters do get serious, and the police are involved, would these people (including your sister), as witnesses to the incident, provide an account to the police beneficial to you or your sister's husband?

I am hoping that your sister did not contact the police as her husband requested.
Obviously, I do not know what relationship you have with your sister, but surely (maybe), being your sister, she would persuade her husband not to contact the police, and let the matter drop.

I suggest you talk to your sister, one-to-one, and try to build bridges that way.
Personally, I believe that the police were not called, given that they usually respond to domestic disturbances (especially when females are involved) in a prompt manner.

I could be wrong, certainly hope I am not, and wish you all the best.

Answer 2

I wouldn't worry. By the sounds of it the Police would not want to get involved, unless he has some visible injuries from the attack. If you gave him a black eye or a broken nose then it may be different. You would not go to prison as some people have suggested.

Whether or not the Police were called and whether or not they would be interested really depneds on the severity of what happened.

One observation, why is your sister married to a man who slags you and your mother off? Unless of course she agrees with him.

Oh and just because he sat on you to prevent you hitting him any more doesn't make him a coward. Niether does asking someone to call the police.

Answer 3

In the UK it would be regarded as common assault (or possibly domestic violence - not sure on that). However, if it took place in the home, and you can provide mitigation, will probably just be an affray charge - that's if anything happens at all. He will need to have spoken to the old bill, made a statement and pressed charges before they come a-knocking. Then the CPS need to decide whether there is a case to answer in court.
Let's face it, if he's a grown man (and as he's someones husband, we can conclude that this is the case), he's going to feel a right idiot talking to the desk sergeant and saying that his sister-in-law hit him because he was calling him names.

Depends on how small-minded this fool is. I'd say not to worry.

Won't be an ABH or GBH charge, unless you really did some damage (broken nose/ribs, knocked out his teeth or stabbed him), nor will it be something serious like wounding with intent.

Answer 4

Unfortunately or not, you can't go hitting people because they say things you don't like, unless you're a fundamentalist religious freak and they insult your religion - in which case your "mitigation" will almost certainly get you absolved. As you put it, he called you and your family names, and you assaulted him. He then, by your account, restrained you. You have not, yet, had a visit from the police. You may well get a visit from the police, and you may well be charged with assault. On the other hand, perhaps your brother in law is more understanding than you are, and hasn't even called them. If he hasn't, well, aren't you lucky? I rather hope that you know not which way this is going to go for a very long time, and that you sweat and shiver in your anxiety, and actually learn that you were stupid, but I don't suppose you will.

Answer 5

When someone make an allegation of a crime, police must arrest in most circumstances, BUT self defence is a different matter, 'reasonable force' can be used, in other words, like for like. There is an oddity that if are convinced you are going to be attacked/hurt etc, you are allowed to make a 'pre-emptive' strike.
However, calling names is not an offence unless its outside and people can here swearing, this would be breach of the peace, or normally dealt with under 5 Public Order. Gosh thats was fun ....

Answer 6

If youre in the UK its classed as common assault.

Did he call the police? The police will want both sides of the story before they act so if you explain the situation they may advise your brother in law not to take it further esp if you decided to press charges against him. It may take the police a few days, depending on where you live.

I doubt it would go to court - Although thats up to the CPS to decide. At most I would think you would get a caution (although I may be wrong!)

I hope its a storm in a tea cup! Good luck and let us know how it goes!

Answer 7

Was it self defence? Depends on what your understanding of the situation was. And what a court might think. Also depends on if there was any corroborating evidence, i.e. injuries consistent with an assault complaint or independent witnesses. (not on your/their side). All that's not really relevant though with the police who will have to investigate if a complaint is made (in person - not 3rd party). They might arrest. They might just interview. (unlikely). Whatever they do, CPS would normally decide on any eventual action. Even then - depends on your previous convictions/character/public interest. As far as when will they arrive (if they're coming) - depends on what else they're busy with and what risks there may be by delaying seeing you.

Answer 8

If you live in the UK it might be deemed as being an assault. However, as there was provocation I would guess that it is unlikely that the CPS would let it go to court. It might be worth, however, going to the police and asking to speak to someone as since his initial behaviour could also be deemed a breach of public order or causing an affray. If the police haven't called yet I doubt if they will and it will be because they don't know of it.

Answer 9

Considering you hit him first you're lucky he didn't break your jaw he's entitled by law to defend himself, within reason of course, it's a well known fact most inlaws don't get on so the police will come when they have nothing better to do .. which is most of the time now so I wouldn't hold my breath it'll just be classed as a domestic dispute, and at most you'll get a warning about wasting police time.

Answer 10

I would think if the cops haven't visited you by now , nobody called them. He could lay out a complaint but so could you for undue force.

Your bil sounds like a brute , and your sister sounds like she' s in for mental and emotional and probably physical abuse as well.

You should start to try and convince her to leave him, with her children if they have any and go to a women's shelter where they can be protected.

If he threatens either you or you mother again YOU definitely call the cops this time and lay charges against him for harassment and threatening behaviour.