Our client, Jane*, was a retired teacher in her late 60s. She also spent her free time volunteering and had no prior criminal history. Police wrongfully arrested her for a domestic violence charge.
Jane had a daughter, Lily*, and granddaughter, Amy*. Her granddaughter suffers from long standing behavioural issues and is bipolar. Both lived with Jane temporarily. Additionally, Jane had shared guardianship over Amy.
Domestic Violence & Mental Health issues
However, Amy had anger issues. In the past, Amy had physically assaulted Jane and damaged some of her property. Soon, Jane became scared of her granddaughter, so she put a lock on her own bedroom.
In 2020*, Amy went to Italy* to live with her mum. A couple of years later, Amy and Lily visited Jane in Australia. One one occasion, Amy kicked Jane in the ribs, causing her to bend over in pain. Amy also hit Jane in the head and threw a blender at her. Lily began verbally abusing her mother. Amy also threw a smoothie around Jane’s bedroom.
That evening, Jane went to see her therapist. She told her therapist that she didn’t want to get her daughter and granddaughter in trouble by telling the police. However, the therapist convinced her to make a police report as Jane was fearful for her safety. She told the police about the assault and the extensive history of DV committed by her daughter and granddaughter. However, Jane also asked the police for no charges to be made against Amy.
Domestic violence wrongful arrest
That evening, Jane and Amy both called the police. Officers arrived at Jane’s home shortly after. However, the police officers arrested Jane for domestic violence assault. Amy told the police that Jane had assaulted her.
Jane told the police that she did not do this. She also told them she did not want to go to the station as she had not done anything wrong. She also informed them of the report she made earlier at the police station.
Jane also told officers she had not eaten anything. Still, officers arrested her and brought her to the station.
Jane felt intimidated during the arrest. She got the impression that if she did not comply with the officer’s instructions, they would arrest her by force. Officers charged Jane with:
– Assault occasioning actual bodily harm (DV) under section 59(1) of the Crimes Act 1900 (NSW); and,
– Common assault (DV) under section 61 of the Crimes Act 1900 (NSW).
In the middle of the night, they released Jane on bail. Later, they dropped all charges against her. In the end, Jane sued the state for false imprisonment, assault, and battery. She came to O’Brien Criminal & Civil Solicitors for legal representation. We were able to receive a positive outcome for our client and Jane was awarded fairly.
Read our other case studies on Actions Against Law Enforcement.
Suing police for unlawful arrest and false imprisonment
Our law firm has years of experience handling such cases, click here to read our Civil Case Studies. We can help guide you through the legal process, ensure that you understand your rights, and provide you with the support you need to seek justice.
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.
*Names have been changed for client confidentiality.
