Upon attending Court in relation to the matter, Police indicated that they were seeking a Temporary Protection Order (with the mandatory condition) on the basis that an act of domestic violence had been committed by our client, and the Aggrieved was in fear for her safety.

We then made submissions against the making of a Temporary Protection Order. Firstly, our client instructed that he did in fact grab the Aggrieved’s wrists, but only to protect himself from a flurry of strikes. He held the Aggrieved’s hands by her side for only a matter of seconds before letting go, whilst asking her to breathe. The argument stopped and the Aggrieved spent the rest of the night with our client, including having intercourse after the alleged incident.

The parties had intercourse again in the morning before the Aggrieved left our client’s residence. Two days after the alleged incident, the Aggrieved made her statement to Police. It was submitted the Aggrieved’s behaviour was not indicative of someone in fear for their safety.

Secondly, it was submitted that our client never sighted any bruising on the Aggrieved’s wrists. There was no photographic or medical evidence attached to the Police Application, and so it could not be determined whether not the said injuries even existed. Further, it was submitted that our client’s act of grabbing the Aggrieved’s wrists in an effort to protect himself from harm did not constitute an act of domestic violence.