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Domestic violence order

Police Application For Domestic Violence Order

The Matter:

Our office is engaged to act on behalf of the Respondent in a Police Application for a Domestic Violence Order. The Aggrieved in the Application is our client’s ex de facto partner of approximately 2 years. The parties were still in an intimate personal relationship at the time of the alleged incident.

Police are seeking a Final Domestic Violence Order with the mandatory condition only: ‘to be of good behaviour and not commit domestic violence’. The allegation contained in the Application is that, pursuant to an argument that ensued, our client grabbed and squeezed the Aggrieved’s wrists causing pain and bruising.

Court Attended:

Undisclosed Gold Coast Court

Attendance Date:

February 2019

Overview of Case:

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.

Outcome:

Her Honour considered the submissions made by Police and our office, and determined that a Temporary Protection Order was not warranted in the circumstances.

The matter was adjourned for our office to forward a submission to Police to withdraw the Application (for a Final Domestic Violence Order) on the basis that it is not necessary or desirable to protect the Aggrieved.

If you are needing legal advice for a family law matter, please contact Brook Winter Solicitors today on 1300 066 669.

 

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