VIC DV charges - Advice please?

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KatMystic

Member
7 April 2021
4
0
1
Melbourne, Vic
I'm hoping someone can gives us a little advice.
Full Disclosure - Asking for a friend currently on remand for this incident.
My friend had his property destroyed, held against his will at knife point and stabbed but he has been charged and remanded because he defended himself.

On again/off again relationship. Friend after being hounded for weeks finally went to see partner/ex partner.
All was good at first but eventually an argument started as it usually did. Friend's partner is a severe alcoholic/prescription drug abuser. Drinks were had and she started to get abusive and aggressive. This is the standard series of events.

They argued back and forth for a bit and she in the process smashed up friend's property that had massive sentimental value. Friend by then, had had enough and decided to leave. However, as he was putting his shoes on in an attempt to leave and diffuse the situation.
She appeared in the doorway with a knife and told him he wasn't leaving. Friend tried to negotiate, she wasn't having it and went for him with the knife.

She stabbed him once before he could fend her off. Unfortunately in that process he "assaulted" her including "recklessly engage in conduct of strangulation"

He then left.

She took herself to hospital and gave a statement regarding her injuries, failing to mention the stabbing.
Police arrived on friends doorstep next morning and requested friend come and assist with inquiries. He was arrested on arrival at police station, interviewed, charged and remanded.

Given the systems overwhelming prejudice against males in all things domestic violence does he have any chance of defending himself.

Yes, we understand that he did assault her and he's never denied that but in that moment it was literally a fight for his life.
 

Atticus

Well-Known Member
6 February 2019
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2,394
Given the systems overwhelming prejudice against males in all things domestic violence does he have any chance of defending himself.

Yes, we understand that he did assault her and he's never denied that but in that moment it was literally a fight for his life.
Assuming the charge is assault occasioning actual bodily harm? .... The standard of proof required to convict is beyond reasonable doubt.... Self defence is a defence to this charge.

Ultimately it will come down to how the evidence falls on the day. Your friend needs to get a decent lawyer who can pick any holes in her story that will expose any untruths, or at the least cast reasonable doubt on her version of events.

I expect a restraining order would have been issued as a matter of course on being charged... Your friend needs to adhere to it's terms & under NO circumstances should he respond to any attempt at communication instigated by her or anyone on her behalf (except a lawyer). Sounds like she would have him up for an additional charge of breaching a DVO if she could make it happen.
 

KatMystic

Member
7 April 2021
4
0
1
Melbourne, Vic
Assuming the charge is assault occasioning actual bodily harm? .... The standard of proof required to convict is beyond reasonable doubt.... Self defence is a defence to this charge.

Ultimately it will come down to how the evidence falls on the day. Your friend needs to get a decent lawyer who can pick any holes in her story that will expose any untruths, or at the least cast reasonable doubt on her version of events.

I expect a restraining order would have been issued as a matter of course on being charged... Your friend needs to adhere to it's terms & under NO circumstances should he respond to any attempt at communication instigated by her or anyone on her behalf (except a lawyer). Sounds like she would have him up for an additional charge of breaching a DVO if she could make it happen.
Thanks Atticus. All up it's 2x common assault, 1x recklessly causing injury and the recklessly strangulation.
No chance of him responding to any communication which is a good thing but not the fact that the main reason for this is because he was remanded less than 10 hours after the incident and that was back at the beginning of January.