SUCCESS STORY

Victoria

Serious Assault Charge Withdrawn in Family Violence Context – Werribee Magistrates’ Court

Thorough evidence analysis and early prosecution negotiations secure complete withdrawal of serious family violence assault charges, avoiding criminal conviction and intervention order restrictions at Werribee Magistrates’ Court.

  • Assault Charge

Case Overview

Charge: Assault Charge

Client: A male

Court Location: Werribee

Our client, a male accused of serious assault in the context of an alleged family violence incident, recently appeared before the Werribee Magistrates’ Court. The charge carried significant consequences, including the possibility of a criminal conviction, exclusion from the family home, and long-term restrictions under an intervention order.

The allegation involved a single incident of physical violence, which the complainant had initially reported to police during a highly emotional time. From the outset, our client strongly denied the allegations, asserting that no assault had occurred and that the report had been made in the heat of a personal dispute.

Upon reviewing the police brief of evidence, our experienced criminal defence team identified critical inconsistencies and gaps in the prosecution’s case, including:

  • Lack of corroborating physical evidence
  • No independent witnesses
  • A statement from the complainant that contained internal contradictions

We worked closely with our client to prepare a strong defence strategy and engaged in early negotiations with the police prosecution. We also flagged that we would be seeking costs if the matter proceeded without sufficient evidentiary foundation.

After further review and in light of the weaknesses we highlighted, the prosecution withdrew the serious assault charge in full—before the matter proceeded to a contested hearing.

This outcome meant that our client:

  • Avoided a criminal conviction
  • Did not need to give evidence in court
  • Was able to move forward with his life without further restriction or stigma

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