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VIC Police Statement Against My Partner - How Do I Retract?

Discussion in 'Criminal Law Forum' started by LBJ, 2 April 2015.

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  1. LBJ

    LBJ Member

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    My partner assaulted me and i made a statement to police about the assault which I now want to retract or withdraw. How do I go about doing this?
     
  2. Billi

    Billi Member

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    Firstly you should approach the police and tell them your thoughts and how you feel and explain to them your status now and what you envisage if their was an AVO Final ordered by the court. If the police are the applicants they must listen to what your intentions are. For example: you and your boyfriend run a business together and you both have to work together. Another example where children are involved is that you could explain that a final order is not convenient for allowing access for your children to see your boyfriend. All is not lost because when you get to court you can accept submissions from you boyfriend or accept undertakings where your boyfriend promises not to commit assault again. Although undertakings are not normally accepted by police so be careful.
    You can also tell police you made a false statement and you will not get into trouble for this explain simply you were stressed about something.
    There are a lot of options but as you are the protected person and police have followed what you have told them it all starts and ends with you. You need to talk to this police and not wait until the last minute as if your boyfriend is convicted this will have a detrimental impact on his ability to find and get work. You need to discuss your options with police as the court really doesn't like their time being wasted when there could be a reasonable agreement or consider mediation to work things out. The most important thing is that if you love your boyfriend you should make an effort to support him although that is not an excuse for someone putting their hands on you but there could be and always is other circumstances where you could also be at fault. Consider everything but remember there is always another way to resolve things without involving police if you believe this but sometimes police can be used in a way to neutralise things such as if you had not made a statement and your boyfriend knew police were involved that might have been enough for him to want to resolve things.
    You need to judge your situation but at anytime this does not condone violence. Time apart is sometimes the best cure.
    Good Luck
     
  3. Tim W

    Tim W Lawyer

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    Why?
     

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