NSW Charged with Common Assault and Domestic Violence - What to Do?

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Notabadperson

Active Member
24 February 2017
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Hi, I've been charged with 2 accounts of common assault (dv) T2.

I have never been charged with anything before, except when I was a minor for theft.

My other half, at the time, was going crazy, (which she has been doing for over a year now). She has been attacking me with threats and abuse time and time again, in front of my kids on almost every occasion. Anyway, I usually forgive her, and make up.

However we just had a baby together, and we were so happy, until one morning she decided to lash out about my 5-year-old son for not saying good morning. So she provoked a massive argument over it, and attacked me, then stormed down to her bedroom with our 3-week-old son in her arms.

I pleaded with her to hand me our son but she told me to f**k off and tried to lock herself and our son into her room. I tried stopping her by grabbing her hair, then I instantly let go. She then locked the door, and kept yelling out saying "you're f****d! That's assault" she said...

Anyway I just walked away hoping she would forget about it, which she did after I had my children picked up by their mother. I apologised later that day by leaving a note for her (big mistake), saying that I was sorry for pulling her hair. She later messaged me and apolgised as well.

Anyhow 2 days later my second oldest daughter was at home with us, and we both were up early 6 am taking care of my partner's 3-year-old daughter and our 3-week-old son, when around 10am my partner, all of a sudden comes out of her room, yelling at me because she didn't get much sleep, and because, I didn't hear her messages she sent me, asking me to take bub at 5am (I slept in a separate room) I was confused, because I didn't hear or see the messages.

She continued to attack me verbally, and then I said to her "don't worry I'll take both her daughter (3) and our son to town as well, when I go to take my daughter home so you can sleep". She started screaming as loud as possible, and came charging towards me with intent to hit me, yelling abuse, but I dodged her, so she went to attack my daughter who was holding the baby, and hiding my partner's 3-year-old daughter behind her, trying to protect them, so at that point I needed to stop her. I ever so softly kicked her butt, to get her attention off the kids and back at me, she turned to me and said in a smug way, "I've got you now; that's assault. I'm calling the police."

I said "whatever, you nut case". Anyhow my daughter and I ended up just leaving and going to town, like we had planned all along to do. Later that day, the police called me and told me that my partner had made a complaint about me, and they needed me to come into the police station to hear my side of the story (I couldn't believe she actually called them!)

Anyhow I did as I was told, and went into the police station, where they placed me under arrest (I was in shock) they kept me locked up in a tiny cell for about 5 hours, then finally they interviewed me, and told me that I'm being charged with 2 counts of domestic violence and also have an ADVO put on me. They weren't interested in anything I had to say, or my daughter who witnessed everything, just the fact that I pulled her hair, and softly kicked her bum, even though on both occasions I was only trying to protect my kids from her craziness!

The question is, what am I to do? I have read all the paperwork from the police, and I have been charged with 2 counts of common assault (domestic violence) T2, and I admitted in my police interview, that I did pull her hair and kick her bum... however I did tell them that I was only trying to protect my kids. The police officer didn't give a toss about why I did what I did, only that I did it! I seriously think the system totally sucks!
 

Rod

Lawyer
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27 May 2014
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Once you get the paperwork go see a lawyer. Do not speak with the police again, they are not your friends in this situation.

Based on your post you may have a chance of getting off as you were attempting to protect your kids, albeit in a way that is not really appropriate.
 

Notabadperson

Active Member
24 February 2017
4
0
31
Thank you for your help.

Funny you mentioned that the police aren't my friends, because I asked them if I would need a lawyer, and his reply was, no it's just a waste of money, because I don't have any priors that I probably won't even get a record.

However, after I read through the paperwork, and looked up my charges online, I became rather freaked out by it all. Do you know if people go to prison for these charges? Also looks bad because I have two.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Yes, they are OK for what you need.