Withdrawing Assault Charges Related to Family Violence

This is a case study on withdrawing assault charges related to family violence. The case was heard at the Magistrates’ Court and we provided criminal defence for the accused.

What is alleged to have occured?
Our client had been charged with several offences relating to family violence against an intimate partner. The circumstances of the case were deemed very serious that if he were to be found guilty of the charges, he would receive an immediate jail term. This is the worst possible sentence that could come out of the matter and so is the client’s greatest concern. However the police case was not strong and there were issues that could be raised by the defence to properly evaluate their merits.

Prior to appearing at court, our family violence lawyers had engaged in much discussion with the prosecutor. They also engaged an experienced barrister to properly represent the client during court proceedings.

What happened at court?
The case was heard at the Frankston Magistrates’ Court and we took charge of the client’s criminal defence. The charges made against him were:

What was the result?
The police ultimately agreed to withdrawing the assault charges related to family violence. This was a result of hard work both by the instructing solicitor and the barrister at court, demonstrating to the police the deficiencies on the prosecutor’s side of the matter and why they would not be successful in ‘winning’ the case.

The client was extremely happy with the outcome.
 
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 08/02/2018