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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 37752
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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my partner & I have mutual protection orders in place. I may

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my partner & I have mutual protection orders in place. I may be facing a charge of breaching the order & police want me to go in for an interview. My partner has breached the order on various occasions where I have sustained numerous injuries form previous attacks on me, the most recent was 3 weeks ago where I sustained broken ribs, and have a bruising & broken nose from the most recent incident but I have never reported anything. Do I go in & tell them my side & show the evidence & risk Child services involvement, or got to court & put my case forward there? I know this is a serious charge and don't want to maked it messier by accussing my partner of assaulting me but need to defend myself.
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.
Good Afternoon,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

I'm very concerned that you have committed yourself to be attacked and not reported the breach to the police, because that is the reason for the intervention orders that if the person does approach you they have breached the orders and you need to report them.

Because the police have requested you attend, you will be required to attend but you do not have to provide them with any information if you do not wish to.

When you were attacked by your partner, did you go and see a doctor and did you give them full disclosure of what happened and they have recorded?

A breach of a protection order is a criminal offence and at worst you can initially face time in jail.

If your partner is alleging your breach is because of your defending yourself, I suggest that you take any report from your doctor to the police when you see them and give them the full version of events as they will not charge you with the breach will go that your partner in charge him.

I am also concerned you mentioned child services, what does this have to do with your children? Are you concerned the children will be taken away from you if you report your partner for breaching the order?

Customer: replied 11 months ago.
I am the male partner. I have seen a doctor & had xrays. I have left the home but don't want my children removed from thir mother. I didn't report the asault on me becuase she was very intoxicated at the time & I understand the serious consequences of doing so. I can deal with some puches and kicks and move on. My concern is do I tell the full story to defend myself which may reopen the case child services had with her and result in the children being removed or just keep quiet & hope I don't go to jail. There is a lot to this & I think by telling the history & showing the evidence I have I may receive lesser punishment, ie a fine. If I can show that I have also been a victim of violence along with other variables which put me at my witts end, also intoxicated at the time as we had both been drinkling, will this lessen the severity of the outcome?
Expert:  Leon replied 11 months ago.
Good Afternoon,

My apologies for the error.

You need to get a report from your doctor setting out the injuries that you had suffered as a result of the assault by your ex-partner.

You have no choice but to report the incident because if you don't you will be found guilty of this breach and then shall be added to use this against you and reduce the time the children spend with you.

It will be an unfair situation because she can take any conviction or breach you have to the family Court and use it against you and because you have failed to disclose what has happened the court will not listen to excuses.

They will look at the facts of what was reported and there will be nothing from your side.

If she has not caused any assault of violence against children should have no problem with children services.

You will get a criminal conviction even if you get a fine and it will be on your record a breach of an order. It is best that the whole thing gets dropped.

Alcohol is not given much weight for these types of matters.

I would suggest that you approach the police and advise on what happened to provide them with evidence from your doctor.

You explain that you did not want to report incident because of the children but because she has now raised a breach by you you need to tell the truth.

If you don't tell the truth then you have no defence in court because the court will question why he didn't tell the police when you were interviewed.

If you do nothing and simply accept what's happened you will have a criminal record which will impact on your ability to work in certain industries, particularly if it's for an assault, and it will also affect your ability to travel.

There are consequences not only for you but there are consequences for her.

My suggestion would be if you do not wish to approach the police on your own, ask to change the appointment and get a solicitor to be present with you at the time and have the solicitor discuss the matter with the police and hopefully they can convince the police for it to go away.

Have you spoken to anyone since this has occurred?
Customer: replied 11 months ago.
I've only spoken to immediate family, but intend to see a solicitor & would have them represent me in court. Agreed it would be best to have one present when speaking to police and that I need to present my case & evidence. Any other advice / suggestions?
Expert:  Leon replied 11 months ago.
Good Afternoon,

My suggestion would be that you explain the full situation to the police and if what she is complaining about was self defence to her assault on you, the police must be made aware of it.

I understand your predicament and what you are trying to protect but you have to also consider yourself, and if the children are in danger they are best come and live with you and her and these are things that you really need to discuss with a solicitor before you see the police.

Contact the Law Society of Queensland and get a referral to a solicitor practising criminal law to assist you.

Their website is as follows:

http://www.qls.com.au

Good luck with that and if there is anything else I can assist you with please do not hesitate to contact me.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.


Leon, Solicitor
Category: Australia Law
Satisfied Customers: 37752
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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