Domestic violence case where client was victimised by police

Mary* was a victim of ongoing domestic violence from her partner Nathan. One incident took place in her car outside his Western Suburbs Sydney home which resulted in onlookers calling the police. Police did not attend the scene, however both Mary and Nathan attended Merrylands Police Station separately to give their statements. Mary was bleeding, had a ripped shirt and was visibly teary and suffering distress. Mary stated that the police spent a lot longer speaking to David and believed his version of events. Subsequently they placed an AVO against Mary.

The next day Mary received a call from a senior constable to attend Granville Police Station for a chat. Police arrested her and charged her with common assault. They put Mary in a cell and released her approximately 4 hours later. She experienced incredible distress by the incident and could not understand why as a victim, she was arrested and not protected by the police.

O’Brien Criminal and Civil Solicitors filed a claim for assault, battery and false imprisonment.

Our lawyers obtained a successful outcome with compensation awarded

Despite this, Mary won a reasonable amount in damages and the state covered her legal costs in the settlement.