Withdrawing Family Violence Charges

This is a case study on withdrawing family violence charges that were allegedly committed by a person against his ex-partner. We provided criminal defence in behalf of the accused at court.

What is alleged to have occured?
Our client had been charged with offences against his ex-partner that were related to family violence. The charges include assault, making threats to kill, as well as false imprisonment. The allegation was that the client had detained his ex-partner in his room against her will for over an hour (false imprisonment). It was further alleged that he had strangled her while making threats. It must be noted that the client had a long criminal history and, if he were to be found guilty of the offences, would likely receive a term of imprisonment anywhere from 3 to 6 months.

What happened at court?
We acted on the client’s behalf at the Moorabbin Justice Centre. The family violence charges he was facing were:

What was the result?
Following evaluation of the circumstances of the case and all available evidence, we proceeded with contesting the charges. A number of discussions were carried out with the prosecution and one fact that was particularly highlighted is the unreliability of the client’s ex-partner. She had a criminal history and had abused drugs. The prosecution ultimately agreed to withdrawing the family violence charges a few days before the contested hearing.
 
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 16/11/2017