SA Intervention Order (Restraining Order) - Assault by Husband

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ddsaw

Active Member
8 May 2015
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@Ivy

Hi I wonder if I should talk to his solicitor? I cannot retract anything on the statement because it is true and I don't even know if he is the least remorseful. I don't want to make things worse for me, if he doesn't care about working things out in our relationship. I feel that saying anything to his solicitor could work against me with the Prosecutor. I do love my husband but I do NOT accept any of his violence and the other half of me says 'fight back as he did me wrong' and I should just walk away as men who do this get worse, not better.
Do you think it would work against me to speak to his solicitor?

Also when the police wrote the statement they made a mistake that I was too upset to see at the time of signing. They said it happened in the kitchen and it was in the bedroom and that he had thrown me rather than pushed me. It sounds little, but someone who had been through the same ordeal, told me that any discrepancy will be used to discredit me by the solicitor. When she went to court the solicitor for her partner said her statement was 'in fact, incorrect'. ??? This is unfair when the woman is in shock and upset
 

AllForHer

Well-Known Member
23 July 2014
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Ivy has covered the legal element in this issue, but if I may expand in such a way that approaches what seems to be the more resounding issue, which is the emotional component.

I think there are a lot of understandable emotional complications here that may need to be addressed, and I say this because the justice system simply doesn't have a lot of room for emotions.

Your husband is currently being guided by his solicitor, and I would say his solicitor has given correct advice by telling him to minimise his contact with you. The reason I say this is because he's now on trial for a criminal matter that may result in a conviction, and it would be unwise of him to engage in conversation with the primary witness, especially if that witness has indicated a belief that 'he never loved me, doesn't care' and as a result, 'WILL present this evidence'.

Additionally, I want to point out that as a witness, your role is not to commit a satisfactory character assassination of your husband in court. Your role is to provide a factual account of the assault for which he is being charged, and providing evidence that is unrelated to the assault may jeopardise your credibility as a witness because the court may perceive you as being 'out for blood' against your husband.

I also want to speak woman to woman because I can relate to your feelings, and I can relate to the law.

First, I think it's important to appreciate the difficult position your husband is currently in. He is no doubt experiencing some emotional conflicts of his own at the moment, such as perhaps feeling betrayed by you, too, particularly if you have threatened that you will lay to bare all of the domestic challenges you've experienced throughout your marriage.

However, your feelings of anger and hurt are not your husband's primary concern right now because the risk that he may be convicted of a criminal charge takes priority. It's unwise to take this personally - he must act to defend and protect himself first and foremost as he prepares for trial to give himself the best chance of being acquitted.

I also think it's important to be realistic about the situation. The proceedings are out of your control. It's simply not something that can be fixed with a bunch of flowers and an apology like in most other domestic disputes, and threatening him with intentions to vilify him in court probably doesn't appear to him to be the actions of a loving wife, either, so he's undoubtedly in a confusing place at the moment.

In perspective, I do wish you the best and hope things work out, but I also urge you to appreciate the very harrowing experience your husband is facing with the criminal proceedings. He also doesn't have the support of his wife because she is a primary witness. Unfortunately, this is going to have a significant and adverse impact on your shared relationship and it's illogical to suggest that it won't.

I think you will benefit significantly from some counselling to help you sort through your emotions and consider your respective priorities.
 
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ddsaw

Active Member
8 May 2015
11
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Your husband is currently being guided by his solicitor, and I would say his solicitor has given correct advice by telling him to minimise his contact with you. The reason I say this is because he's now on trial for a criminal matter that may result in a conviction, and it would be unwise of him to engage in conversation with the primary witness, especially if that witness has indicated a belief that 'he never loved me, doesn't care' and as a result, 'WILL present this evidence'.

At which point did I indicate TO MY HUSBAND that I will present this evidence?
Firstly the Police already have evidence from a previous occasion when I managed to not have him charged


Additionally, I want to point out that as a witness, your role is not to commit a satisfactory character assassination of your husband in court.

I really hope you have nothing to do with the law (a solicitor) because if you can deduce that I am going to / 'commit a character assassination of my husband in court/ from what I said it leaves much to be considered.

Your role is to provide a factual account of the assault for which he is being charged, and providing evidence that is unrelated to the assault may jeopardise your credibility as a witness because the court may perceive you as being 'out for blood' against your husband.

I am ONLY providing factual account of the assault and the evidence is with regard to an other previous incident of assault. Furthermore I am far from 'out for blood'. I love my husband but HE committed the offence and the only blood that was spilled was mine. I also did not want a charge the Police took care of that because I HAD to call them.

I also want to speak woman to woman because I can relate to your feelings, and I can relate to the law.

First, I think it's important to appreciate the difficult position your husband is currently in.

I am aware of the position my husband is in, but you need to be aware that HE alone put himself there. You are making a lot of assumptions with no facts. I am not exactly spilling the beans on this forum with regard to what has happened

He is no doubt experiencing some emotional conflicts of his own at the moment, such as perhaps feeling betrayed by you, too, particularly if you have threatened that you will lay to bare all of the domestic challenges you've experienced throughout your marriage.
seeing as an AVO has been placed on my husband by the Police I haven't THREATENED anything as there is NO contact. My husband has never been betrayed by me, as in fact I am dealing with conflicting emotions because I have covered for him when he threw me against the corner of a door and I got four fractured ribs. He is a professional, as I am and I was concerned about the repercussions, but a second time is enough.

However, your feelings of anger and hurt are not your husband's primary concern right now because the risk that he may be convicted of a criminal charge takes priority. It's unwise to take this personally - he must act to defend and protect himself first and foremost as he prepares for trial to give himself the best chance of being acquitted. My husband is facing a criminal charge because the Police had reason to charge him and I can do nothing other than take it personally as it can't get more personal than being assaulted by your husband and yes, I am angry, I have reason to be and extremely embarrassed too. Realistically he should not be acquitted, he should be accountable, but would I rather it hadn't happened... of course.

I also think it's important to be realistic about the situation. The proceedings are out of your control. It's simply not something that can be fixed with a bunch of flowers and an apology like in most other domestic disputes, and threatening him with intentions to vilify him in court probably doesn't appear to him to be the actions of a loving wife, either, so he's undoubtedly in a confusing place at the moment.

vilify him in court probably doesn't appear to him to be the actions of a loving wife,/
I do truly hope that you are not involved in DV law as your assumptions are somewhat alarming. However the attributional errors you have made about my intentions have helped me refocus on my own needs rather than worrying about my husbands. Logically I need to walk away from him and of course accepting that our marriage is over, means concentrating on the harrowing experience I will have going to court after experiencing the abuse. I have worried about my husband too long. So in a backwards way, you have helped me.

I must note though, that in fact there could be a protective order and a couple still be together, primary witness or not. It is only because of how the law is in Australia that ‘no contact’ rather than ‘no hostility’ is enforced thereby ending possible reconciliation or preventative strategies.


In perspective, I do wish you the best and hope things work out, but I also urge you to appreciate the very harrowing experience your husband is facing with the criminal proceedings. He also doesn't have the support of his wife because she is a primary witness. Unfortunately, this is going to have a significant and adverse impact on your shared relationship and it's illogical to suggest that it won't.



I think you will benefit significantly from some counselling to help you sort through your emotions and consider your respective priorities
 

AllForHer

Well-Known Member
23 July 2014
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You seem to have taken offence quite quickly and I apologise that this was the outcome. Unfortunately, what I say on this forum is not always what people want to hear, especially when it comes to being realistic about the nature of legal proceedings.

Good luck with the case. I hope it all works out for you.
 

AllForHer

Well-Known Member
23 July 2014
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Just as an added note to perhaps clarify as to why I might be perceived as 'sympathetic' to the offending party (which is not at all the case), my legal interest is in family law, which has an intrinsic link to domestic violence. Specifically, it's quite often the case - in fact, more often than not - that one party will fabricate or exaggerate allegations of domestic violence to intimidate, threaten or control the other party because it's perceived as an easy way to advance their own case. I'm not suggesting in any way that this is the case for you, but rather trying to explain that the long-term impact for me, I suppose, is that I treat people - men and women - as innocent until proven guilty beyond reasonable doubt.

As such, I was not commentating your circumstances or dismissing your claims, but more aiming to highlight that like you, your husband is probably experiencing some emotions of his own about the circumstances, but that he is also in a challenging position to address those emotions because of the criminal proceedings.

Again, I apologise if I appear to have dismissed your claims or offended you with my rhetoric. This was not my intention. If your husband has done wrong, then of course he should be held accountable, and I hope that things truly do improve in future.
 

ddsaw

Active Member
8 May 2015
11
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31
I do accept your apology an understand that there is a possibility of women exaggerating claims. However most women will in fact minimise the abuse. As it starts she is unlikely to want to seek help believing as he would, will return to the loving and mostly supportive husband.
women in this situation try to compassionately empathise with their husband and hope to sort it out. or that the injuries are a secondary consequence of being pushed. The will often feel along the lines , he didn't punch, kick etc but a man unthinkingly throwing a woman can result in a very serious injury, if she was to hit her head on a hard surface even death. the men are innocent until proven guilty but it is often only the woman testimony. Men may be innocent in the eyes of the law until proven guilty, but I am also sure that many a guilty mad has been acquitted as with out physically noticeable injuries, it is based on her testimony.
he is in a challenging position and so am I, but I didn't commit an assault. I am left with our house related expenses so I have been left with a huge stress and I