Family Violence in the Presence of Children

This is a case study on family violence in the presence of children.

What is alleged to have occured?
Our client was alleged to have assaulted his partner during a heated argument where both of them had been consuming alcohol. Their two young children were said to have observed the assault. It was alleged that, during the argument, the client had grabbed his partner by the back of the head and forcibly held it to the ground, refusing to release her and causing her nose to bleed.

The police attended and our client was subsequently charged with Recklessly Causing Injury and Unlawful Assault. The fact that the young children had observed the alleged assault on their mother was a significant aggravating feature of the case.

What happened at court?
We acted on the client’s behalf at the Broadmeadows Magistrates’ Court.

Through negotiations with the police, we were able to secure an agreement for a Family Violence Case Review to take place.

What was the result?
The review concluded with the police ultimately making an application to withdraw all charges. This application was granted and all the charges were eventually struck out.

This was a remarkably good outcome for a criminal defence case that involves family violence in the presence of children.

Elements of Recklessly Causing Injury:

  • The complainant suffered an “injury”.
  • The accused caused the complainant’s injury.
  • The accused was reckless about causing the injury.
  • The accused acted without lawful justification or excuse.

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DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 29/03/2019