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      Domestic violence assault and damage property charges withdrawn

      Our client is a 45-year-old man who is self-employed.

      One night our client had a verbal argument his wife.

      She called the Police and alleged that our client had pulled her hair and smashed her phone.

      Our client denied pulling her hair but agreed that he had smashed her phone.

      He also told us that he had bought his wife’s phone and that it was registered in his name.

      Sometime after our client was charged and had an Apprehended Violence Order (AVO) taken out, his wife decided that she did not want the case to proceed.

      Our client advised us that she contacted the police but they advised her that they would not be withdrawing the charges or AVO.

      We immediately began preparing our defence strategy.

      First, we obtained an affidavit from the phone company which confirmed the phone was registered in our client’s name.

      We then sent our client’s wife to an independent lawyer with a view to preparing a retraction statement.

      The statement detailed:

      1. That the phone was the property of our client;
      2. That our client had not pulled her hair but rather was trying to stop her from headbutting a cabinet.

      The statement was sent to Police along with detailed ‘representations’ for the withdrawal of all charges.

      We stated that if the charges were not withdrawn, we would make an application for Police to pay our client’s legal costs.

      Ultimately, and despite their previous position, Police decided to withdraw both charges and the AVO against our client.

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