Suing the Police in Western Australia

Expert Legal Representation for Victims of Police Abuse, Unlawful Arrest & Misconduct

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6 – 120 Reviews

The O'Brien Advantage

Proven Track Record

Proven success in holding Western Australia Police accountable for wrongful arrest, false imprisonment, excessive force, and malicious prosecution. Our victories include significant compensation awards and policy changes that protect citizens' rights across WA.

Deep Knowledge of WA Police Law

Deep understanding of WA Police Act, criminal procedures, and civil litigation specific to Western Australia. Our team includes Law Society Accredited Specialists who know exactly how police departments operate and where they overstep their authority.

Fearless Representation

Taking on police institutions requires courage and determination. We're not intimidated by the resources or tactics used by police legal teams. Our lawyers stand firm in defending your rights against unlawful police conduct.

No Win, No Fee*

Access expert legal representation without upfront costs or financial risk. You pay nothing unless we successfully secure compensation for the harm you've suffered at the hands of WA Police.

Types of Police Misconduct We Handle in WA

Unlawful Arrest & False Imprisonment

When WA Police arrest you without proper legal grounds or detain you beyond lawful limits, you have the right to compensation. We hold officers accountable for arrests made without reasonable suspicion or proper warrants.

Assault & Excessive Force

Police officers who use unreasonable or disproportionate force violate your fundamental rights. Our lawyers represent victims of police brutality, tasering incidents, wrongful shootings, and physical abuse during arrest or custody.

Malicious Prosecution

Being wrongfully charged with crimes you didn’t commit causes immense damage. We pursue compensation when police proceed with prosecutions despite knowing charges are unfounded or fabricated.

Wrongful Search & Seizure

Illegal searches of your person, vehicle, or property without valid warrants or proper authority constitute serious breaches. We fight for your right to privacy and protection from unlawful police intrusions.

Police Harassment & Intimidation

Repeated targeting, threats, or intimidation by police officers creates lasting psychological harm. Our team tackles cases involving stalking, abuse of power, and systematic harassment by WA Police.

Police Negligence

When police fail in their duty of care, such as ignoring domestic violence reports, losing evidence, or failing to investigate properly, victims suffer preventable harm. We hold WA Police accountable for negligent conduct.

How We Protect Your Rights Against WA Police

At O’Brien Criminal and Civil Solicitors, we’re experienced in navigating the challenges that come with taking legal action against government agencies. Police-related civil litigation is intensely contested, which is why our attorneys use a comprehensive, layered strategy to pursue justice on your behalf.

Investigating Claims

Independent evidence gathering including CCTV footage, body camera recordings, witness statements, and police radio communications. We work with expert investigators to build irrefutable cases.

Strategic Negotiation

Engaging with the State Solicitor's Office and police legal representatives to secure fair settlements without the stress of trial when appropriate.

Litigating in Court Proceedings

Prepared to take your case through WA District Court or Supreme Court when necessary. Our courtroom experience in police misconduct cases ensures powerful representation before judges and juries.

We Also Help Clients Sue the Police Across Australia

From Queensland to Tasmania, our lawyers deliver consistent, high-quality representation in police misconduct claims, with no win, no fee arrangements available across all jurisdictions.

Meet Our WA Police Misconduct Team

Our specialised team has represented dozens of WA clients in actions against police, securing millions in compensation. Led by Peter O’Brien, an Accredited Specialist with extensive experience in WA civil litigation, our lawyers understand the unique challenges of suing police in Western Australia.

We’ve appeared in Perth courts, regional WA courts, and appellate courts, building a reputation for holding police accountable. Whether your incident occurred in Perth metro, regional WA, or remote areas, our team provides the same level of expert representation.

O’Brien Criminal & Civil Solicitors is headed by attorneys who hold Law Society Accreditation as Specialists in both Criminal and Civil Law. Achieving this accreditation demands completion of a rigorous evaluation process, where legal professionals must apply their knowledge and abilities to prove their proficiency and mastery within their specific legal field.

The Police Misconduct Claims Process in WA

1. Free Initial Consultation

Contact us today for a no-obligation case assessment. We'll review the details of your police encounter, evaluate the strength of your claim under WA law, and explain your legal options including potential compensation amounts.

2. Evidence Collection & Case Building

We'll collect the evidence and formally notify WA Police and the State Solicitor's Office of your claim, presenting compelling evidence of misconduct. Many cases settle at this stage when police recognise the strength of our case.

3. Communication & Updates

Your attorney will provide regular updates on your matter and break down complex legal procedures into understandable language. You'll work alongside your attorney to examine documentation and determine important next steps.

4. Court Proceedings (If Required)

If settlement negotiations fail, we'll file proceedings in the appropriate WA court and represent you through trial. Our litigation expertise ensures you receive justice and maximum compensation.

Remember:

Taking legal action against police requires navigating complicated civil procedures, making professional legal support essential. Our dedicated team specialises in police misconduct cases and will advocate fiercely for your interests at every stage.

What to Do if You Need Help from a Civil Compensation Lawyer

If you are seeking justice for police misconduct, civil law provides a means to hold WA Police accountable. While it may be a complex and lengthy process, we strive to protect your rights. Our civil litigation lawyers will build a strong case:

Suing WA Police for Misconduct

General Tips for Suing Police in WA

Timely Action: The sooner you contact a lawyer for representation, the better your chances of building a strong case and protecting your rights. Time limits apply to police misconduct claims in Western Australia.
Evidence Preservation: Swift action helps secure critical evidence like body camera footage and witness statements that are crucial to your case.

Right to Compensation: You have the right to seek compensation for the harm you have suffered at the hands of WA Police. With our legal representation, you will receive the compensation you deserve.
Legal Guidance: At O'Brien's, our civil litigation lawyers will guide you through the legal process, explain your options, any costs, advocate on your behalf, and provide the best court representation for your case.

Remember: Don’t face WA Police alone. Let the police misconduct experts at O’Brien Criminal and Civil Solicitors guide you and fight for your rights in court proceedings or through settlement negotiations. We’ll strive to secure the justice and compensation you deserve by offering practical advice.

Whether you are suing police for unlawful arrest, assault, malicious prosecution, or any form of misconduct, we are here to help you with your legal issues. Plus, you can benefit from having all costs covered in a no-win, no-fee arrangement.

Voices of Justice: Client Reviews

Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.

William Spedding

Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter

Mr Garfield

Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.

Ruen Motto

Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!

Daryl Ryan

I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.

Madeline Hayman-Reber

I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!

William Hall

They stick up for the little guy. Keep it up!

Samira Bakhshi

O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

James Supple

O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

Susan

Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.

John S

As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.

FAQs

How long do I have to sue WA Police for misconduct?

In Western Australia, you generally have three years from the date of the incident to commence legal action against police. However, there are exceptions, some cases may have shorter timeframes, and in certain circumstances, courts may extend this period. It's crucial to seek legal advice immediately, as gathering evidence like body camera footage becomes more difficult over time, and WA Police may only retain recordings for limited periods.

Can I sue WA Police if I was convicted of a crime?

Yes, you can still sue WA Police for misconduct even if you were convicted. The criminal case and civil compensation claim are separate legal matters. For example, you might have pleaded guilty to a charge, but police may have still used excessive force during your arrest. Our lawyers will assess whether police conduct was unlawful, regardless of the criminal outcome.

What compensation can I receive for police misconduct in WA?

Compensation depends on your case and may include:

Physical and psychological injuries
Loss of liberty (unlawful detention)
Economic losses (lost wages, legal costs)
Damage to reputation
Pain and suffering

WA settlements range from thousands to hundreds of thousands of dollars.

Do I need to make a complaint to WA Police Internal Affairs first?

No. You don't need to lodge an internal complaint before pursuing a civil claim. We often advise clients not to provide statements to police investigators without legal representation. Your lawyer will handle all communications with WA Police.

Will I have to go to court in Perth?

Not necessarily. Many cases settle through negotiation before trial. If court is required, matters are typically heard in the District Court of Western Australia in Perth, though regional courts may be used depending on your case.

What if I can't afford a lawyer to sue police?

Our no win, no fee arrangement means you can access expert legal representation without any upfront costs or financial risk:

You won't pay legal fees unless we successfully secure compensation
You won't pay disbursements or out-of-pocket expenses unless we win
There are no upfront costs to commence your claim
Everyone can hold WA Police accountable, regardless of their financial situation

This arrangement ensures you can pursue justice without worrying about how to afford quality legal representation.

What evidence do I need to sue WA Police?

The stronger your evidence, the better your case. Valuable evidence includes:

Photographs: Images of injuries, damaged property, or the incident scene
Medical records: Documentation of injuries, hospital visits, and ongoing treatment
Witness statements: Contact details of anyone who saw the incident
Video footage: CCTV, mobile phone recordings, or dashcam footage
Police documentation: Incident reports, charge sheets, or court documents
Your account: A detailed written statement of what happened

Don't worry if you don't have all of this evidence. Our lawyers will help obtain crucial materials like police body camera footage through legal processes, and we work with professional investigators to build comprehensive cases.

How long does a police misconduct case take in WA?

Timeframes vary considerably depending on the complexity of your case and whether it settles or proceeds to trial:

Settlements through negotiation: Typically 6-12 months from when we commence your claim
Court proceedings: Usually 18-36 months or longer if the matter goes to trial
Appeals: Additional time may be required if either party appeals the decision

Our lawyers work efficiently to resolve your matter as quickly as possible while ensuring you receive fair compensation. We'll provide realistic timeframes during your free consultation based on the specific circumstances of your case and keep you updated throughout the process.

Civil Law Case Studies

Suing NSW Police for Misconduct: Civil Claim For Unlawful Arrest and Assault

Nicole Byrne
December 12, 2025

Suing NSW police. When NSW Police officers repeatedly violated a Sydney* woman’s rights, through

Suing NSW Police for Excessive Force: Client Assaulted During Mental Health Assessment

Nicole Byrne
December 5, 2025

Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John*

Former Army Apprentice Secures Settlement for Historical Physical Abuse at Balcombe

Nicole Byrne
November 27, 2025

Brutalised by Senior Apprentices, Ignored by Superiors, John* Finally Receives Justice After Abuse at

Case Study: NSW Police Sued for False Imprisonment by Aboriginal Man

Nicole Byrne
November 18, 2025

Our client, Derek*, a young Aboriginal man, successfully sued the State of New South

NSW Supreme Court Strikes Down Anti-Protest Laws in Josh Lees Case

Nicole Byrne
October 30, 2025

In a major legal triumph for civil liberties, the New South Wales Supreme Court

Survivor of Astill Abuse: Justice Secured for Former Inmate of Dillwynia Correctional Centre

Nicole Byrne
October 27, 2025

Our client, Rachel*, has courageously held the State of NSW accountable for the abuse

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