What is the standard police procedure/policy if someone reports being physically assaulted with witnesses and accessible

Expert's Assistant chat
Customer: what is the standard police procedure/policy if someone reports being physically assaulted with witnesses and accessible surveillance footage and wanted to press charges? And if the person assaulted reported that the other party made racial comments during the incident - what is the protocol for police to handle that?
Answered by John Melis in 5 mins 1 year ago
imglogo
John Melis
10+ years of experience
logo

75948 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
John Melis
10+ years of experience
logo

75948 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.
Are you the victim?

Customer
Hi John, im Gagan. Thank you for your response. Yes i am.
img

John Melis, Expert

Did you make a complaint to the police yet?

Customer
would it be helpful if i gave you a brief overview of the situation so far? This happened in the early hours of this morning and the police attended the scene and i stated wanting to press charges and was given a number and told id be contacted next week, however i was just wanting some clarity about what the proper processes and response should be and the correct steps that should be taken/what i should be aware of etc
Customer
there was video surveillance of the assault, but the police informed me i cannot access that unless i go through the FOI act and they said its not helpful for victims to view footage of the assault because it may change the 'story' so im just a bit unsure of what the standard procedure is in situations like this
img

John Melis, Expert

Please tell me your story?

Customer
sure, thanks for taking the time to help - ill just type it up now and send it through asap
img

John Melis, Expert

Thank you.

Customer
I was walking down the street with my fiancé and 2 other friends after a night out in the early hours of the morning - roughly 2am. We walked past a restaurant and observed what appeared to be a couple with a 3rd friend being verbally aggressive to a man who was alone. We did not get involved at this time and instead stood back and I took my phone out to record what was happening. The trio then went from being verbally aggressive to physically shoving the man back - at this point my fiancé got involved to try and hold them apart along with other people.He then stepped away and I continued to record everything. The female of the couple then began trying to instigate more physical violence by provoking other people who had seen what was going on and got involved. She continued shoving multiple people and there were a lot of people involved swell as witnesses. I continued to stand back and monitor. Then the situation calmed slightly and I heard with the couple the male say to the female a comment about 'these minorities'. Please note that the couple and friend are caucasian and the male that the trio were initially being verbally aggressive to that made us stop appeared African American.The situation then started back up with more people and the female continued to actively try and provoke a response with her language and physically continued shoving men who weren't retaliating except verbally. I continued recording and made it known to them I was recording. I approached the male of the couple and asked if he could please clarify what he meant by his comment about minorities (I didn't want to provoke him I just wanted him to be aware that his comment was heard and that it was not ok). He responded something along the lines of go away etc however I can't recall his exact wording. I continued recording everything and he was well aware of this. I then was walking up the street to continue filming as the female was now following men yelling at them and then the male ran past me and grabbed my phone out of my hands. I chased him and when I caught up he stopped and threw my phone up onto a roof next to us and proceeded to run away. I yelled out to my fiancé that he had just stolen my phone and thrown it and my fiancé then tried to grab him to restrain so that we could call the police but the male ran off.At this point I was standing next to the restaurant infant of a glass window and i wasn't looking directly ahead of me. I then was shoved backwards extremely hard - where the back of my head hit the glass and took most of the force of my fall and I also have a bruise on my tailbone and bruising on my elbows and wrists from the impact of landing on the ground. I was quite dazed at this point and my friend along with a bunch of other witnesses (including the staff at the restaraunt) ran over to check on me.The police then came and spoke to multiple people and then to me. I explained everything and declined an ambulance/emergency department as the policeman also agreed that it would be a long wait and would be better to see my gp today for any injuries. They asked if I wanted to press charges and I said yes, then one police officer told me I should go in tomorrow to make a statement. I showed them where my phone was thrown and told them it also had a lot of footage showing what the other party was doing but was informed I just have to get it myself this morning as there was nothing they could do.Another police officer then sat down with me and got me to sign an authority to release medical info form for if I saw a gp regarding any relevant injuries which I informed them I would be seeing today as I did have injuries but none that I felt warranted the emergency department (im a nurse myself). They then informed me a little about the different kinds of assault and he gave me a report number and told me he'd be in contact next week and for me to see a doctor first about injuries prior to making any statement. I also stated that I had heard what seemed like a racial comment earlier and the officer didn't enquire more but stated that if I was going to say that then it turns into another whole thing and they'd need to find evidence etc before doing anything so I didn't say anything further because I felt like it wasn't something they particularly were concerned about or wanted to discuss.I then asked about whether I could review the footage myself of what happened to me and that's when he said the comment about how victims shouldn't view footage of their assaults as it changes their story (however there were multiple witnesses who all saw what happened which was the female violently shoving me down when I wasn't provoking her or even in an altercation with her).The female was also still around being verbally aggressive to the police however she was not arrested and to my knowledge was given a ?'move on notice'.The police then left and then so did we - that's as detailed as I can remember at the moment and sorry for how lengthy it is.I guess I just am a bit confused and not sure what im supposed to do - and want to make sure I know what the correct protocol is and what my rights are in this situation
img

John Melis, Expert

What I suggest you do is run the case through the police, let the police handle the criminal aspect, then you can pursue a civil claim for damages for the loss as I have resulted.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?Does this help with your question today?
Customer
ok thanks. That does help alot i appreciate it! sorry - just to clarify, does that mean i should wait for the police to contact me and then make a statement? or should i make the statement first after seeing my doctor?
img

John Melis, Expert

I suggest that you make the statement first.It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
Customer
thank you so much again for your assistance it has been extremely helpful. Have a great day :)
img

John Melis, Expert

Thank you kindly.
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer