This is a case study on withdrawing a family violence charge in Broadmeadows. Our client was facing a single charge of unlawful assault against the complainant to whom the client has been married for some time.
What is alleged to have occurred?
It was alleged that on the day of the incident, our client and their partner were involved in an argument which resulted in the complainant pushing our client. The client then retaliated and pushed the complainant back, unfortunately resulting in the complainant losing their footing, falling backwards, and hitting their head in a wall causing damage to the wall. The complainant did not sustain any injuries.
Our client immediately left the premises at which point the police were called and attended. There was an argument as to whether the prosecution could prove the elements of the charge; however, there was also an argument that self-defence was enlivened.
What measures were taken in withdrawing the family violence charge in Broadmeadows?
Our lawyer provided legal representation at the Broadmeadows Magistrates’ Court.
Our client was extremely nervous attending court and was especially worried about the future implications of a conviction should it be imposed, noting that our client had New Zealand citizenship. While our client grew up in New Zealand, they had built a life in Australia including their children being born and raised in Australia.
The client was really concerned that the charge, particularly given that it relates to a type of family violence offending, would affect their immigration status in Australia and therefore risk being separated from their children.
Our client could also only afford one hearing as they were unable to fund contesting the charge further, despite really wanting to. They felt that they had no option but to accept responsibility when there were options to potentially contest the matter available.
We assisted our client to engage in rehabilitative supports to address the underlying issue of the initial argument and to gather supporting materials. Our lawyer also engaged in further negotiations with the prosecution at Court.
Unfortunately, the police disclosed relevant evidence on the day of court. But despite the significant time constraints, our lawyer reviewed the recorded materials which highlighted that some of the facts posed in the police summary, including who initiated the assault, did not reflect the objective evidence.
Initially, the prosecution were reluctant to withdraw the charge as they could not ascertain the complainant’s views. However, after further negotiations, the prosecution were able to confirm that the complainant was wholly unsupportive of the charges proceeding and attested to our client’s rehabilitation.
What was the result?
After further discussions with the prosecution, we were able to secure a full withdrawal of the charge at the mention stage.
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 30/04/2025
