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NSW Assault Charge - What to Do?

Discussion in 'Criminal Law Forum' started by Jadaz, 30 March 2015.

  1. Jadaz

    Jadaz Active Member

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    I called police on my husband last week because he pushed me and I got scared I didn't know what else to do. But when they came they arrested him and now he's pleaded not guilty to assault. It was an argument that had gotten out of control and he asked me to leave the room I didn't so he grabbed my hands and pushed me out I hit the wall just outside. He has never put his hands on me before so I was very scared I called the police while I was in shock but now that I've had time to cool off I realise if I had just left the room he would not have put his hands on me. But they are charging him and we have to go to court. I feel I have overreacted in the moment of chaos and don't want to waste the courts or police time. What can I do?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    Your husband cannot use the fact that you didn't listen to his request to leave the room as an excuse for assault. Based on the facts given, it does appear as though he has committed the crime.
    However if you really don't want this to go any further, you can call the police and ask them to drop the charge.
     
  3. Sophea

    Sophea Well-Known Member

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    Hi Jadaz,

    You may feel as though you over reacted now, based on how he is pleading in defence. HOWEVER no matter what the circumstances, he committed assault - which includes the "infliction of unlawful force on another person" or threatening to do so. The police would not be pursuing a prosecution if they did not believe they could convict him.

    Despite how you are feeling, you did the right thing. Your husband has to know that what he did is not right and you will not tolerate it. These things when left (and they often are) they often escalate into recurrent domestic violence. Taking your stand the first time is the best thing you can do. It won't be easy going through the court proceedings, but its the right thing to do. Learning from the consequences of our mistakes is how we become better people, and you are making a stand for all women by not backing down from the charges.
     
  4. Jadaz

    Jadaz Active Member

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    Thanks for your reply. The problem is my son who is 6 witnessed it. When they came i told them i didnt want this but they told me they have to make an arrest. I called them for help as i know my husband has some sort of mental problem. But he is a good guy and hes never hurt me or his son. This is why i got scared i have never seen him like this before. I did tell the police this too. But i didnt realise calling the police meant he would be arrested otherwise i wouldnt have
     
  5. Jadaz

    Jadaz Active Member

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    I understand that and i know he knows he did the wrong thing. Weve only just gotten back together in the last 2months and hes been trying really hard to make us happy b and he has been under alot of stress and has a health condition. I had not slept well for the last 4 nights and was blaming him. Thats why he asked me to leave. I have pushed him in the past and i just feel its a high price to pay considering he has never threatened me or thrown anything. Its just an argument out of hand and because i havent been around him for last 6months i panicked.
     
  6. Jadaz

    Jadaz Active Member

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    I thought the police would write up a report and advice him to get a checkup to find out whats wrong with him but i did not know it would become a criminal offence
     
  7. Sophea

    Sophea Well-Known Member

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    I understand where your coming from Jadaz, as suggested by Ivy, you can go to the police and talk about dropping the charges and also explain his mental health conditions. Perhaps you could agree to drop the charges on condition that he seeks help with managing his health conditions, so that this type of thing doesn't happen again.
     
  8. Jadaz

    Jadaz Active Member

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    Thanks Sophea. I asked them while i was making my statement and she said that is not their job. It seemed very forced by them to go in make the statement and an avo. Im happy with the avo as it says he cant do those things and i know that has scared him alot but i mainly need him to get the checkup because i know theres something wrong. He never used to be like this ive been with him for 15years and 4 years ago he had brain surgery since then hes behaviour has changed i mentioned all of this to the police before he was arrested but they told me to go to the police station and they just arrested him. Im scared for his health im worried something bad could happen with all this going on i just want him to get help
     
  9. Rod

    Rod Well-Known Member

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    If someone is in their own home and requires space and time to cope with a situation, then being in their face and yelling/berating/belittling/nagging or even trying to support that person or whatever else is going on is not appropriate when they have expressed a need to be alone, just as physically touching someone without consent is not appropriate. I've been in a situation where I needed space in my own home and another person kept following me from room to room continuing to verbally attack me. I felt trapped in my own home. Fortunately nothing happened but it could have. Please respect a person's right to peace and quiet when they say they need it and you are visibly and demonstratively angry/upset.

    Your partner may need legal assistance to get of this mess if the police refuse to drop the charges. You can become a witness for the defence if you choose to do so. A defence of provocation may be available but not sure if it is applicable for this type of crime in NSW.

    I think both parties probably need assistance to learn how to prevent arguments from escalating out of control.
     
  10. Jadaz

    Jadaz Active Member

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    Thank you for your reply Rod. Yes i understand that. It was something i dont normally do. However the last 4 nights he knew i had not slept well because he needed to talk late at night. I wake up earlier than him and when he was still in bed i told him that tonight i will need to sleep in the bed with our son and he'll need to sleep in our sons room because i could not afford to have another night of no sleep. He refused and jumped out of bed and stood over me yelling right up to my face i got scared so i tried to push him away because i almost fell over and he grabbed my wrists real tight and we began to struggle i asked him to let go but he didnt and then i screamed he still didnt let go and pushed me out of the room. I understand i shouldve just walked away when he refused but i felt i need to sleep in peace too
     

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