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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22831
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Basically we had a issue last year where my partner smacked

Customer Question

Hi there, Basically we had a issue last year where my partner smacked my daughter because she was naughty. (she 12yrs old) Obviously not the right think to do - he was just pushed to his limit. She ended up calling the police. (we are still together) He's had to go to court numerous times to usually be remanded. He's put in a no guilty plea - I have to go to court with my daughter, which I don't want to do? What I my rights in this situation? Do I have to go? What will happen if I don't go? She also understands that it was a bit much of her to call the police we also understand he should never have smacked her
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Wellington NZ, last year 2016 - before Christmas - can remember which month
JA: Has anything been filed or reported?
Customer: well the police came around my daughter gave them a statement
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, just if you require anyore info from me
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 months ago.


I am a New Zealand lawyer based in Wellington and will help you with your question today

Expert:  Chris The Lawyer replied 2 months ago.

I assume that this case is waiting for the defended hearing, and that your partners lawyer has arranged for the date. I wonder whether this should go to a defended hearing, or whether you should be looking for a sentence indication, because the smacking would be an assault, and if your daughter gives evidence, he will be convicted. At a sentence indication, there can be a frank discussion about the case, the facts and any matters which go to reduce penalty. Then your partner will have a better idea of what he is facing, but avoid a trial, which will be unpleasant for you and your daughter. It is a situation where restorative justice may be a good way to go.

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