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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22422
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My partner and I have been together for the past 2 years. We

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My partner and I have been together for the past 2 years. We have a 7 month old baby and own a house together. We have had the police involved for domestic violence 6 times. On one occasion my partner was charged with common assault. The rest were all just noted on file. On Saturday my partner and I got in a argument (first in months) over something stupid and I hit him but called the police and said he hit me. There were no witnesses. He was arrested after he gave himself into our local station and was served a police order so he cannot come home or contact me in 5 days even though he denied all charges. He has to go to court on Thursday for assault. Last night cyfs called.
We want to be together. This is not going to happen again. And we want to keep our daughter.
What do we do to get him off the charge?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : i think you will both need some couple counselling for non violence and anger management. You face the additional problem that you could be charged with wasting police time over this incident. Your partner will need to take some legal advice about defending the charges, and without your evidence he will get off. But in the bigger picture you know what you need to do, which is get out of the cycle of violen e.
Customer: I need to mention I said I was holding our baby when I said he hit me. What do you mean without my evidence? What are the consequences of wasting police time?
christhelawyer : If you change your evidence or refuse to give evidence this will affect whether he gets convicted. If the police decide you have made a false complaint, they may charge you with wasting police time.
Customer: What is the consequences of wasting the police time?
christhelawyer :

You can be prosecuted yourself, but in this case probably not. But you will find it difficult to get the police to help the next time, if the violence is not sorted.

Customer: No one is perfect and for that to be said from you (a lawyer) really concerns me as they have a job to do and they have to look at all the facts. I can't say I will never be in this situation again however I have sought help today an hopefully it will be enough.
christhelawyer :

I am just trying to tell you the consequence of making a false complaint. It just doesnt look good to use the complaint of assault because you are angry with him.

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