Withdrawing an Assault Charge – Family Violence

This is a case study on a charge of assault resulting in a withdrawal of the charge.
Our client had been charged with one count of Unlawful Assault. The incident allegedly occurred following an argument wherein our client was said to have dropped his shoulder and charged into the complainant, his ex-partner. Family violence is currently in the spotlight in the courts and the prosecution denied diversion due to the ‘nature of the offence’. This meant that in order to keep a clean criminal record, our client had to be found not guilty of the charge or have the charge withdrawn against him.
We represented the client at the Broadmeadows Magistrates’ Court.
Following discussions with the prosecution at the first court date where issues with the credibility and reliability of the complainant were raised, the matter was withdrawn without a further appearance. This was a successful outcome as withdrawing an assault charge with family violence as an issue will mean that our client would be able to successfully maintain his clean criminal record.

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 09/03/2017