Sample protected person witness statement
This is a sample of a witness statement. It is not legal advice.
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Statement of Elizabeth Smith
I, Elizabeth Smith, of 12/100 Victoria Road, Double Bay NSW 2028, aged 36, nurse, state:
- Gary Smith (Gary) and I have been married for 4 years.
- Gary and I have an 18-month old daughter, named Dakota Smith.
- Until recently Gary and I resided at 12/100 Victoria Road, Double Bay NSW 2028.
- Gary is a salesman.
- In or about August 20XX, Gary lost his job and has been unemployed since that date.
- Since August 20XX I have been the only person making money in my family. I am employed as a nurse at the Wayside Mercy Medical Clinic.
- On Sunday, 3 November 20XX, Gary and I were at home. My daughter was sleeping in her cot in her bedroom. Gary and I were talking about bills and our recent spending, when we began arguing about our financial situation.
- Gary started yelling at me and waving his fists in the air, screaming "You're useless and lazy."
- I tried to leave the room but Gary blocked my path. I tried to go around Gary again and he pushed me and I fell over onto my right arm. I immediately felt a sharp pain and screamed out in pain. Gary then turned and left the house.
- I got up and tried to clean up the mess in the lounge room. I was in so much pain I went and woke up my daughter and drove to the Prince of Wales Hospital.
- When I saw the doctor, he ordered some x-rays. I was later advised that I had a fractured ulna (forearm). The doctor bandaged my arm and gave me a prescription for some pain medication.
- I was afraid to go home but I didn't have anywhere else to go.
- Gary came home the next morning at about 10.00am. I tried to talk to him about what happened and we had a conversation in words to the following effect:
ES: "Gary, we need to talk."
GS: "Shut-up, I don't want to talk to you."
ES: "Please don't yell, you will wake Dakota."
GS: "Then don't make me angry."
- Gary then grabbed a vase and threw it at the wall.
- I heard Gary go into our bedroom. He then walked past me carrying a bag and slammed the door on his way out.
- When I went into the bedroom I noticed that my laptop was missing.
- The next day I sent Gary a text message with words to the effect of:
"Please return my laptop. I need to pay the mortgage and electricity. They are due tomorrow."
Gary did not reply.
- Gary has been verbally abusive to me in the past. He has also thrown objects but this is the first time he has physically hurt me.
- Since losing his job, Gary has been drinking heavily, often finishing a six-pack of beer every night. This makes him more agitated and aggressive.
- I want protection from Gary, as I am afraid that he will come back and hurt me again.
This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.
Signed:
E. Smith Witnessed:
A. Lagi
Dated: 17 December 20XX Dated: 17 December 20XX