Family Violence Case Study

October 20, 2022

The following case study is an example of the kind of Assault matters we deal with at Nardi Lawyers. For further information about Assault charges in Victoria, see our article here.

The Charges

Our client was facing the following charges:

• Unlawful Assault;
• Recklessly Cause Injury; and
• Wilful Damage.

Our client did not have any criminal priors at the time of the offending. It was paramount to our client that they avoid a criminal conviction, as regular police checks are a requirement of their occupation.

The Complainant (also known as victim) was a family member, meaning that the matter falls under the category of “Family Violence”.

What the police alleged

Our client allegedly assaulted a member of their family and damaged property in the process

How Nardi Lawyers helped

Family violence charges are some of the most difficult to successfully defend. After assessing all the evidence in the police brief, we commenced negotiations with the Prosecution, which resulted in Recklessly Cause Injury and Wilful Damage being withdrawn.

We canvassed Diversion (see our article on Diversion here), however given that it was a Family Violence case, the Prosecution did not find the matter suitable.

Our client pleaded guilty to one charge of Unlawful Assault.

Outcome

In Court, we tendered character references and gave submissions on our client’s behalf, with the focus being on their personal circumstances and the reason why the offence occurred. Our priority was for our client to avoid a conviction.

Our client was sentenced to a fine without conviction.

If you have been charged with similar offences, we recommend that you call our office today, so we can help you achieve the best outcome possible.

Related Articles

Assault Offences in Victoria

Property Offences in Victoria

Sentences in the Magistrates Court of Victoria