Family Violence in the Presence of Children

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

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.

Brent Casey 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. This 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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Brent CaseyBrent Casey

Brent is based in our Broadmeadows office and has over 10 years experience in Criminal Law. An Accredited Criminal Law Specialist, Brent works hard to protect the rights of his clients and present their cases diligently and determined to get the best possible result.

Visit Brent’s profile to read more about his background.

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