A 53 year old woman was charged by police with alleged domestic violence offences against her husband. Allegations were made to police by her husband.
She was arrested and taken to the Parramatta police station where she participated in an electronic interview with police without seeking any legal advice prior. She told police that an altercation occurred after she found out about her husband’s infidelity. In that context, she was charged with Assault occasioning actual bodily harm and Common Assault.
Ms Regan appeared at the defended hearing of the matter. We ran the argument of self defence, namely that her husband was the aggressor following an argument that erupted between them.
The prosecutor tried to paint the wife as jelous and aggressive as a result of the infidelity findings, however Ms Regan fiercely cross examined all witnesses and successfully pointed out a number of issues with the prosecutions case.
The Magistrate was not satisfied that our client had assaulted her husband in the manner the police claimed and as such, she was found not guilty of all offences. The associated Apprehended Domestic Violence Order (ADVO) was also withdrawn.
