Our client, Fiona*, was pregnant when the police arrested her. The police claimed she was in breach of an Apprehended Domestic Violence Order (ADVO). As a result, this this saw a pregnant woman unlawfully arrested.

However, the original complaint of ADVO was made around 2 months previously. Her partner’s ex-wife, Susie*, made the complaint.  

Arrest for questioning deemed unlawful 

We found that the police did not properly investigate the complaint. Furthermore, the the purpose of the arrest was for questioning. However, arresting for the sole purpose of questioning is unlawful. Our civil lawyers explained that the officers did not have reasonable grounds to come to her property and arrest her. Additionally, they arrested her in front of her client, potentially damaging her business and reputation.

When the police arrested Fiona, they claimed that she had breached the ADVO by calling Susie. However, Fiona denied this and showed the police her phone log. There was no call history of her ringing Susie. However, the officers still arrested her in Fiona’s place of business. They also confiscated her mobile and other possessions.

Unlawful search by police 

One officer searched Fiona, touching her body in the process. After, they brought her to the local police station. During her time at the station, she was sick due to her pregnancy. Police released her sometime later without a charge.

As a result, they falsely imprisoned Fiona. She completely lost her right to freedom. 

Additionally, officers did not have reasonable grounds to believe she had done what they charged her with.

Assault and battery by police 

Police also assaulted and battered Fiona. As a result of the unlawful arrest and imprisonment, the contact from the officer was assault and battery. Fiona also had her goods trespassed on when the officers took her belongings.

We were able to claim aggravated damages on behalf of our client. Fiona suffered embarrassment and distress due to the officer’s arresting her in front of her client. She was also pregnant which caused extra stress.

Therefore, we claimed for damages, for assault, battery, false imprisonment, and trespass to goods.