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Category: Australia Law
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Me and my partner had an disagreement just a few days ago

Customer Question

Hi me and my partner had an disagreement just a few days ago now witch I started and pick as he even went to lay down to get away but as any woman trying to get a point threw I wouldn't let it drop kept picking witch as cause him to throw our side table witch left a graze marks and tiny hole behind witch that whole time he waited it out to be pick up by his mother to leave so I can cool down but as he left I have call the cops not to get him charge but to see if they could push him to fix it as I did not no if we we're together still as I went into panic mode as the house lease is in mine and my mothers name witch made matter worse for me as I didn't want my self or my mother to get in trouble by our real estate. So I had to do a statement then they took evidence of the holes and when I say holes I mean two other that we're done by my partner only a few weeks ago now (witch he was getting fix just has been busy with full time work) and may i point out these two incidents shouldnt be blown outta control because his never done things like this before not even close so then after all that they said he will be charge and an aveo witch I do not want we are still together now and his still at his mothers because of the aveo stating his not aloud here witch I don't want I want him to be able to come home to our son and put this in our past and move on but now we can't as we have to attend court on Tuesday coming also I have never been through any of this before not even court or police so I don't even no where to begin or go I was confuse at the time I just wanted the holes fix not for all this to blow up out of control I don't understand why I can't remove to charges if I put them there it's frustrating and doesn't make sense at all and they keep telling me that even if I want them drop they may not be it's a load off bullshit because I stated clear in the statement it was only a disagreement not a domestic but they keep telling me because his your partner it's under domestic violence. All he wants to do is fix them but can't cause he can't come here please help me I'm so lost and confuse and just want my partner home to hold.
Submitted: 2 years ago.
Category: Australia Law
Expert:  SoloLawyer replied 2 years ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

I'm sorry to hear about your situation. :(

They are correct about dropping the charges. In criminal cases, you're the VICTIM, not the person bringing charges. It's the State versus your partner. This means they can continue with the charges even if you don't want to drop them. However....

In this case, it appears that there are no major injuries and he does not have a history of violence against you. In that case, if you continue to maintain that you do not want to proceed with the charges, it's likely that they will eventually be dropped once a prosecutor looks at the facts and talks to you personally. I know you're worried, but the State rarely proceeds on cases like these against the victim's wishes unless there are major injuries or damage.

Also, just as an FYI, I'm sure you're realized by now that calling the police to have someone "just fix the holes" is not the best idea. If you call the police over a domestic argument/fight, they are under obligation to arrest someone in most cases.

I hope this helps. :)

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