Hi everyone,
Looking for some urgent help regarding fighting AVO + common assault charges from the wife.
Married for over 10 years with two kids. My wife and I had an argument last week and in anger I told her repeatedly that I was going to divorce her. She called her sister overseas who told her that according to my wife's religion, she was now divorced and couldn't live with me anymore.
We follow Muslim religion and a very small minority of Muslims believe that saying divorce three times means divorce has taken place. My wife left the home in rage and I didn't try to stop her either as I was angry.
After she left, I tried calling her phone and drove around with kids looking for her. We came back home and kept calling her but her phone was switched off.
At around midnight, she returned with Police. I was arrested and taken to local police station and charged with 3 common assault charges plus an interim AVO and was released on bail with same conditions as AVO (not allowed to go home). She recorded her statement on video which I was shown and I was asked for my statement as well.
The next day we made contact via phone and once she realised that she wasn't actually divorced, she agreed to reconcile. By then I had moved in to a hotel and since interim AVO conditions didn't prohibit meeting in person, we have been together as a family but I haven't returned to the house as per interim AVO.
I have engaged a lawyer as well who told me that he will need to discredit my wife's statements in the court. My wife now confesses to me that she made up the story in front of police because she thought marriage was over and she wanted kids' custody. I have forgiven her as I understand the cultural sensitivity and the mental shock under which she gave her statement. It doesn't help that Police almost set her up by fuelling her anger and providing misleading information regarding the consequences.
We both are highly educated, have never dealt with Police/courts before and have had a very pleasant relationship other than just few weeks of arguments relating to my in-laws' involvement in our marriage.
We really want to move on but based on her conversation with Police after we reconciled, it doesn't seem likely that Police will be withdrawing any charges until it gets to court. They are so unhelpful suddenly that they didn't tell my wife that she would need to be at the first mention until she called persistently.
My lawyer also made applications to vary the AVO/ bail conditions so that I could return home as it is affecting our life massively. I work from home (and now have no access to my home office) plus I have to pick up and drop off kids from school as my wife's work hours don't allow for that. My lawyer said that Police will contact my wife to discuss variations but Police hasn't contacted her at all.
Where do we stand with this now? How can we leave this behind and resume our normal lives?
Looking for some urgent help regarding fighting AVO + common assault charges from the wife.
Married for over 10 years with two kids. My wife and I had an argument last week and in anger I told her repeatedly that I was going to divorce her. She called her sister overseas who told her that according to my wife's religion, she was now divorced and couldn't live with me anymore.
We follow Muslim religion and a very small minority of Muslims believe that saying divorce three times means divorce has taken place. My wife left the home in rage and I didn't try to stop her either as I was angry.
After she left, I tried calling her phone and drove around with kids looking for her. We came back home and kept calling her but her phone was switched off.
At around midnight, she returned with Police. I was arrested and taken to local police station and charged with 3 common assault charges plus an interim AVO and was released on bail with same conditions as AVO (not allowed to go home). She recorded her statement on video which I was shown and I was asked for my statement as well.
The next day we made contact via phone and once she realised that she wasn't actually divorced, she agreed to reconcile. By then I had moved in to a hotel and since interim AVO conditions didn't prohibit meeting in person, we have been together as a family but I haven't returned to the house as per interim AVO.
I have engaged a lawyer as well who told me that he will need to discredit my wife's statements in the court. My wife now confesses to me that she made up the story in front of police because she thought marriage was over and she wanted kids' custody. I have forgiven her as I understand the cultural sensitivity and the mental shock under which she gave her statement. It doesn't help that Police almost set her up by fuelling her anger and providing misleading information regarding the consequences.
We both are highly educated, have never dealt with Police/courts before and have had a very pleasant relationship other than just few weeks of arguments relating to my in-laws' involvement in our marriage.
We really want to move on but based on her conversation with Police after we reconciled, it doesn't seem likely that Police will be withdrawing any charges until it gets to court. They are so unhelpful suddenly that they didn't tell my wife that she would need to be at the first mention until she called persistently.
My lawyer also made applications to vary the AVO/ bail conditions so that I could return home as it is affecting our life massively. I work from home (and now have no access to my home office) plus I have to pick up and drop off kids from school as my wife's work hours don't allow for that. My lawyer said that Police will contact my wife to discuss variations but Police hasn't contacted her at all.
Where do we stand with this now? How can we leave this behind and resume our normal lives?
