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      Domestic violence assault charges, intimidation charges and damage property charges dismissed and costs ordered against Police

      Our client is a 25-year-old man who had been in a relationship with his female partner for 3 years.

      One night our client had a verbal argument with her at their apartment where she accused him of cheating on him.

      The argument escalated and she attempted to slap him, threw her phone at him and spat at him.

      Unbeknownst to him, a few days later she contacted Police and reported that he had punched her in the head and arms, spat on her and thrown her phone at her.

      She also alleged that our client had called her the next day and threatened to kill her.

      Police took photographs of bruises to her arms, a black eye, a cut on her lip and the phone which had a chipped screen. A video statement was also recorded.

      Police arrested and charged our client with:

      1. Assault Occasioning Actual Bodily Harm;
      2. Common Assault;
      3. Stalk and Intimidate;
      4. Destroy and Damage Property;
      5. Use Carriage Service to menace.

      They also applied for an Apprehended Violence Order (AVO).

      Our client came to us aghast that he had been charged.

      We immediately obtained his instructions as to what had actually occurred and formulated a strategy to have the charges dismissed.

      First, we asked our client to provide screenshots of all messages sent between himself and his partner around the time of the incident. The messages from the days after the incident showed his partner apologising for her behaviour.

      The messages also showed that our client was fed up with his partner’s behaviour and had attempted to end the relationship after the argument.

      We also subpoenaed phone records of the partner. These revealed that there was no phone call between our client and her on the day of the alleged threat.

      Further, we issued subpoenas to the building for CCTV which showed her having no injuries after the argument.

      At the Hearing, we expertly cross-examined her and were able to establish that our client was innocent.

      The magistrate dismissed all of the charges and the AVO against our client.

      An application was then made for legal costs against police.

      We cross-examined the Police officer in charge as to his failure to investigate the phone records, messages and CCTV.

      The Magistrate also granted costs against Police due to their failure to adequately investigate.

      We have now made a formal request for criminal charges to be brought against the complainant for making a false complaint.

      Our client is jubilant with the outcome and is considering civil proceedings against his ex-partner.

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