In a troubling case of police error, a domestic violence victim was wrongfully arrested. Our client, Sarah*, was detained due to a failure in communication between two NSW Police stations. O’Brien Criminal & Civil Solicitors took swift action to hold the State accountable, ultimately securing a positive outcome for our client.
Wrongfully arrested: Case Summary
In 2023*, Sarah was arrested by Maroubra Police after an alert was mistakenly issued for her arrest. Just two days earlier, she had been the victim of a domestic violence incident. Although Police later confirmed Sarah was the victim, that information never reached Maroubra Police. She was handcuffed, searched, and detained for hours before police admitted the arrest was a mistake.
Read our other successful case studies against law enforcement.
Detailed Overview
Sarah had visited her ex-partner’s home when he became violent. Fearing for her safety, she fled. Police were dispatched, but she had already left the scene when officers arrived.
Then, her ex-partner falsely claimed she had assaulted him. Despite this, the officers filed a report labeling Sarah as the offender and issued a directive to Maroubra Police to arrest her.
The next day, police officers spoke with Sarah, who gave a detailed account of the assault. She made it clear that she was the victim and did not want to proceed with charges. An officer acknowledged that Sarah was the victim. However, this vital update never reached Maroubra Police.
Soon after Sarah was arrested at her home. Despite her protests and explanation, she was handcuffed, searched, and transported in a paddy wagon. She was held at the station for up to two hours before a sergeant acknowledged a “miscommunication” and released her without charge.
What happens when you are wrongfully arrested?
After filing a Statement of Claim for false imprisonment, assault, and battery, our firm was approached by the State’s legal team with an offer to resolve the matter. The case was resolved promptly and in our client’s favour.
If you’ve been wrongfully arrested, you need a civil lawyer
If you’ve been unlawfully detained or mistreated by police, you may be entitled to compensation. O’Brien Criminal & Civil Solicitors have a strong track record of holding authorities accountable.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
Civil lawyer for those wrongfully arrested
Contact us today for a confidential consultation and take the first step towards resolution.
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*We changed some details to protect our client’s privacy.
