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Just wondering if I have a case against a provoked assault…

Hi just wondering if...

Hi just wondering if I have a case against a provoked assault and trespassing offence.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Nsw

Lawyer's Assistant: Has anything been filed or reported?

Yes but police didn't charge as I defended myself so we were both in the wrong apparently

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was video footage taken

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Answered in 5 minutes by:
8/20/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Good Morning

If you are saying that you defended yourself and that the other party was the one that instigated it, you have to plead not guilty and have a trial and the court will then decide it it will dismiss the charges

If you have not been charged then there is no case to answer.

Only if you have been charged do you have a case to answer.

If you want to sue for private trespass that is another issue and rather hard to prove and costly.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Customer reply replied 11 months ago
Thanks but I already knew this information, the other person came on my property and started it she threw something at me first before but because she was recording she purposely moved the camera to look I like I started it.

Good Morning

But the police did not charge you?

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Customer reply replied 11 months ago
No they didn't but I was injured.

Good Morning

Unless they have charged the other party you cannot get any compensation.

If they have charged the other party then you can claim victims compensation. You cannot sue her for compensation in NSW for the injuries.

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Customer reply replied 11 months ago
I'm not looking to sue. If I send a letter to the commanding officer asking for a review can I then get charged?

You can do that.

If you have not given them a statement you should do that as well.

For the police to charge they need to have enough evidence to be able to prosecute. If they do not then they will not charge.

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Customer reply replied 11 months ago
Ok thanks. A report was made but I can't press charges Like I said the footage shows I assaulted her first when that wasn't true.
Customer reply replied 11 months ago
If I pressed charges we both would be charged is that fair?

The police decide to charge you just give them a statement which is the evidence you have.

The police will investigate and then once they have statements from all parties and see the footage they will then decide on who they charge.

I cannot say what is fair. The police can only decide who to charge based on what they have and know will go before the court

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
ok thanks.

You are very welcome

Have a great week.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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