NSW Charged with Assault Due to False Accusation?

[Jay13]

My husband has falsely accused me of domestic violence. I had already left the house with my daughter to go to an appointment and he told the police I punched him. Absolutely not true. Police said they had to charge me for assault even though my husband then changed his story and said he won't go to court.

What rights do I have? I didn't touch him, yet I've been charged! He wouldn't change his story, then when I started packing bags tonight he said he'd change his story but police said it was too late

 

[sammy01]

You'll probably have to go to court... If he doesn't show, it will probably get thrown out.

 

[Jay13]

Thank you for replying. I'm freaking out. He has admitted that I didn't touch him, but the police still have to charge me. I will go to court but he said he's not going to attend. Do you think he will be forced to attend?

 

[sammy01]

Same thing happened to my brother - they kicked it out of court.

 

[Jay13]

Really? I have to go to court for the AVO tomorrow and for the assault charge in 6 weeks. I'm not that bothered about the AVO because I know it doesn't go on my record, but the assault charge scares the hell out of me, he admits I didn't lay a hand on him.

 

[MartyK]

Did he change his story to the police? Do you have his admission in writing or otherwise to use as evidence?

 

[Jay13]

He changed his story only after I was charged. The police now say it's up to the court to decide. I have a signed letter from him saying he wasn't assaulted and isn't in fear and won't appear in court.

 

[MartyK]

Do you have a lawyer? If not seek advice from one. They may be able to have the charges dropped if you have adequate evidence of a retracted statement. Could be a waste of courts time otherwise?

 

[Jay13]

I do have a lawyer, they're going to ask for the charges to be dropped because of the lack of evidence the police have and also the signed letter saying I didn't hit him. I'm just someone who worries a lot and I do worry that they'll decide to convict me anyway. I went to court and the avo was turned into an interim one and the lawyer plead not guilty for me. I have a court date set in December now. Such a long time to worry