NSW Help with AVO and Common Assault Charges from WIfe?

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ash43222

Member
12 June 2017
3
0
1
Hi everyone,

Looking for some urgent help regarding fighting AVO + common assault charges from the wife.

Married for over 10 years with two kids. My wife and I had an argument last week and in anger I told her repeatedly that I was going to divorce her. She called her sister overseas who told her that according to my wife's religion, she was now divorced and couldn't live with me anymore.

We follow Muslim religion and a very small minority of Muslims believe that saying divorce three times means divorce has taken place. My wife left the home in rage and I didn't try to stop her either as I was angry.

After she left, I tried calling her phone and drove around with kids looking for her. We came back home and kept calling her but her phone was switched off.

At around midnight, she returned with Police. I was arrested and taken to local police station and charged with 3 common assault charges plus an interim AVO and was released on bail with same conditions as AVO (not allowed to go home). She recorded her statement on video which I was shown and I was asked for my statement as well.

The next day we made contact via phone and once she realised that she wasn't actually divorced, she agreed to reconcile. By then I had moved in to a hotel and since interim AVO conditions didn't prohibit meeting in person, we have been together as a family but I haven't returned to the house as per interim AVO.

I have engaged a lawyer as well who told me that he will need to discredit my wife's statements in the court. My wife now confesses to me that she made up the story in front of police because she thought marriage was over and she wanted kids' custody. I have forgiven her as I understand the cultural sensitivity and the mental shock under which she gave her statement. It doesn't help that Police almost set her up by fuelling her anger and providing misleading information regarding the consequences.

We both are highly educated, have never dealt with Police/courts before and have had a very pleasant relationship other than just few weeks of arguments relating to my in-laws' involvement in our marriage.

We really want to move on but based on her conversation with Police after we reconciled, it doesn't seem likely that Police will be withdrawing any charges until it gets to court. They are so unhelpful suddenly that they didn't tell my wife that she would need to be at the first mention until she called persistently.

My lawyer also made applications to vary the AVO/ bail conditions so that I could return home as it is affecting our life massively. I work from home (and now have no access to my home office) plus I have to pick up and drop off kids from school as my wife's work hours don't allow for that. My lawyer said that Police will contact my wife to discuss variations but Police hasn't contacted her at all.

Where do we stand with this now? How can we leave this behind and resume our normal lives?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Ash,

Your lawyer has it in hand. I would hope that your lawyer will state that your wife was mistaken. So I would be concerned how your lawyer plans to discredit your wife. If he claims she lied to police she could find herself in trouble. It would be better to claim she was mistaken and misunderstood due to cultural issues / sensitivities.

Good luck
 
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Gorodetsky

Well-Known Member
21 February 2016
146
35
459
Hi ash4322,

I'm not a solicitor.

Ummm. the cops want her there at the first mention? I don't think that's normal. They may want to question or arrest her.

Good luck
 

ash43222

Member
12 June 2017
3
0
1
Hi Ash,
Your lawyer has it in hand. I would hope that your lawyer will state that your wife was mistaken. So I would be concerned how your lawyer plans to discredit your wife. If he claims she lied to police she could find herself in trouble. It would be better to claim she was mistaken and misunderstood due to cultural issues / sensitivities. Good luck

Thanks.

My lawyer said that he would question her in a way that nobody gets in trouble. He seems to be giving me the impression that I shouldn't worry too much and let the due process run. I am concerned about my wife as well as we both have been on an emotional roller coaster for over a week after just a small fight and misunderstanding.
 

ash43222

Member
12 June 2017
3
0
1
Hi ash4322,
I'm not a solicitor.

Ummm. the cops want her there at the first mention? I don't think that's normal. They may want to question or arrest her.

Good luck
Gorodetsky

Sorry I checked with her again. She went to the police station after we reconciled and asked their help in getting things fixed. She was given a copy of my court notice and they suggested that she should come to the court on the mention date.

My lawyer had already made bail+avo conditions variation application and given the public holiday, they probably thought that her presence could be useful in the context of my application. So she doesn't have to go but they have suggested that she rather should.

Am I right in taking this as a positive?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Thanks.

My lawyer said that he would question her in a way that nobody gets in trouble. He seems to be giving me the impression that I shouldn't worry too much and let the due process run. I am concerned about my wife as well as we both have been on an emotional roller coaster for over a week after just a small fight and misunderstanding.
Trust your lawyer. They sound like they are looking out for both of you and have the matter in hand.