How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14568
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

Police have charged our daughters partner with assault. She

Customer Question

Police have charged our daughters partner with assault. She phoned 111 in a very drunk state and police and ambulance were then involved. Alcohol induced hysteria in front of them would have greatly influenced their decision to bring charges. Our daughter is not pressing charges because it was never as bad as what she made out. An alcohol fuelled argument led to a physical exchange on both sides. She now admits she made more of it than there really was to get her partner into trouble. She fully understands that there maybe no way to rescue her relationship but doesn't wish for her partner to be punished for something that got blown out of proportion due to her intoxication. She has not made an official statement but she has been informed that she signed a police statement but she has no memory of this.
What can she do to get these charged dismissed?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
It is hard to withdraw charges like this because the police have policies that domestic violence charges need to go through a full process. If she signed a statement at the police station this is the official statement even if she was drunk, and this will be the evidence against him. The best way forward for him is to plead not guilty and she can then give evidence about what really happened in court. Sometimes it is possible to deal with the police if she doesnt want the charge to go to a hearing although diversion is seldom given for domestic violence.Her next steps should be to talk to the police and tell them she doesnt want to proceed, but they sometimes proceed to a charge anyway. She should also work with her partners lawyer to see how she can best help him in court.
Customer: replied 2 years ago.
Thank you - she didn't sign anything at the police station, she was in the back of an ambulance, she had passed out from drinking and hyperventilation, and has no memory of signing anything
Expert:  Chris The Lawyer replied 2 years ago.
Theymay have put something in front of her which she does not remember. She can ask for this under the Official Information Act, as she is entitled to a copy, and that may help her decide what to do next

Related New Zealand Law Questions