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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22980
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am in New Zealand. There is a Male Assault Female (manually)

Customer Question

hi. I am in New Zealand. There is a Male Assault Female (manually) Crimes Act 1961 Section 194(B). Male is granted bail with conditions
Stay away from home; no contact with female;not to threaten or use violence against any person or property.
With family counselling, female has decided to drop the charges against male and work out settlement through family members.
how to proceed with an application to the court for dropping the charges.
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
an adult child at home and another adult overseas are in constant touch with mom and dad and they want things to be sorted out peacefully at home. Both parents agree to the solution.
Expert:  Chris The Lawyer replied 1 year ago.
The decision about dropping the charges is something that has to be made by the police. Even if the complainant wants the charges dropped, that is not always the end of the case because the police have a policy of proceeding without her evidence. The rules about domestic violence are quite strict, which means that even if she changes her mind about wanting a prosecution, the police will usually proceed anyway because they have a statement from her which they will use as evidence. It is much better to approach the case from a perspective of admitting that something happened, and where appropriate having restorative justice, alcohol and violence counselling and family counselling. In some cases you can persuade a judge to discharge someone without conviction, and for minor charges sometimes the police will accept diversion which will avoid a conviction