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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.
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.
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But the police did not charge you?
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.
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.
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
You are very welcome
Have a great week.