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: 23046
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

What will happen to me if I am charged with assault I hit

This answer was rated:

What will happen to me if I am charged with assault? I hit my boyfriend and he has to take 3 weeks off from work. He has brusies and sore eye socket etc! We have broken up of course but he plans to charge me with assault! I however put up with verbal assault for over one year but I always walked away from it!! What can I do? What process will happen now

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

This is the sort of case that needs to be handled with care. If you are prosecuted for assault this is not minor, and there is potential for a jail sentence. Most likely as a first offender you would get community work, once the court understood the extent of the provocation behind this.

christhelawyer :

If he does take this to the police then you will be interviewed and then charged. This would be too serious for diversion, and domestic violence does not qualify anyway.'

christhelawyer :

The process would be that you would be given a summons and at court you can plead guilty or not guilty. If you are not working you could qualify for legal aid. I think you should have a lawyer with you as with the potential for jail this needs some care.

Customer :

This will be my first charge on anything as I have a clear record so I expect Community Service. HOw many hours for C/Service would I be doing and what can I do regarding the Verbal Abuse I put up with or is that not ledgeable?

christhelawyer :

The abuse goes to provocation, which while not a defence, will help the judge to explain why you did this. As a first appearnce you will get some discount for pleading guilty, and the provocation. I would think 100-150 hours plus reparation would be the sort of sentence. With a good lawyer this could be improved. I note you have sent 2 questions on this. I suggest you ask for the other one to be withdrawn

Customer :

Thank you Chris. I am also due to fly to Australia in March; could this jepodise my trip and how long do you have to wait for a summons? I know he has done the police report already. I appreciate your help with this

christhelawyer :

If he has gone to the Police then this will happen fairly soon. If you intend going to Australia long term, then this may not be completed before you go. Even if you plead guilty at the first appearance there is usually a delay of up to 4 weeks for sentencing to get a presentence report done.

christhelawyer :

You may need to delay the travel, and the conviction could have some impact on the travel.

Customer :

I am heading to Australia for only 5 days. and due back March 8th. It is a return flight. Would this still improvise my trip? Thank you

Customer :

I also have ready a Trepass Notice to serve as he has said he would come over to collect the presents he gave me!! I would be entitled to this wouldnt I chris

christhelawyer :

In that case your trip should not be affected. The trespass notice would work, but is there merit in trying to negotiate or mediate your differences? I know things will be very hostile at present, but why not try. Presents are not usually retuned nor do you have to where there is relationship property.

Customer :

Thank you chris for your help.

Chris The Lawyer and other New Zealand Law Specialists are ready to help you