This is a case study on withdrawal of family violence charges. Our client was charged with two counts of recklessly causing injury and two counts of unlawful assault.
What is alleged to have occured?
It was a family violence situation, where it was alleged that our client assaulted his wife by throwing her into a BBQ, then later pushing her into the mattress of their bed and then violently pulling her up in front of their young children. It was alleged that he caused significant bruising and scratches to her body as a result. Our client allegedly then ripped the home phone off the wall and left the home, having snatched her mobile phone so she could not communicate with anybody.
What happened at court?
Negotiations took place with both the Police Informant and Prosecutors about the injuries alleged and whether they were consistent with acts of self-defence. We represented the client at the Heidelberg Magistrates’ Court and after highlighting all the issues of the case, the Prosecution agreed to withdraw all charges except for a single count of unlawful assault. The summary was heavily amended to reflect only that there was a single push, which was the result of a fight about his wife’s infidelity.
Before the Police became involved, all materials regarding what our client had done to redeem their marriage were obtained, including counsellor’s reports, confirmation of completing a Men’s Behaviour Change Program, and numerous character references.
What was the result?
We persuaded the Magistrate that our client had done all that he could to not only show his remorse, but also to save his marriage and family life. Despite the Court’s very serious attitude towards any family violence matters, the case turned out to be a withdrawal of family violence charges saved for the single count of Unlawful Assault. For this, the client received a Good Behaviour Bond, without conviction, and with no conditions attached to it whatsoever.
What is alleged to have occured?
It was a family violence situation, where it was alleged that our client assaulted his wife by throwing her into a BBQ, then later pushing her into the mattress of their bed and then violently pulling her up in front of their young children. It was alleged that he caused significant bruising and scratches to her body as a result. Our client allegedly then ripped the home phone off the wall and left the home, having snatched her mobile phone so she could not communicate with anybody.
What happened at court?
Negotiations took place with both the Police Informant and Prosecutors about the injuries alleged and whether they were consistent with acts of self-defence. We represented the client at the Heidelberg Magistrates’ Court and after highlighting all the issues of the case, the Prosecution agreed to withdraw all charges except for a single count of unlawful assault. The summary was heavily amended to reflect only that there was a single push, which was the result of a fight about his wife’s infidelity.
Before the Police became involved, all materials regarding what our client had done to redeem their marriage were obtained, including counsellor’s reports, confirmation of completing a Men’s Behaviour Change Program, and numerous character references.
What was the result?
We persuaded the Magistrate that our client had done all that he could to not only show his remorse, but also to save his marriage and family life. Despite the Court’s very serious attitude towards any family violence matters, the case turned out to be a withdrawal of family violence charges saved for the single count of Unlawful Assault. For this, the client received a Good Behaviour Bond, without conviction, and with no conditions attached to it whatsoever.
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 25/02/2013
