The Aussie's hearing will be heard on February 3rd.By Chris Oddo | @TheFanChild | Tuesday, October 4 2022

Nick Kyrgios and his legal team are in the process of applying to have an assault charge dismissed due to mental health grounds.

Tennis Express

The charge against the 27-year-old Aussie relates to an alleged assault in December 2021 on a former partner.

According to the BBC, Kyrgios's lawyer Michael Kukulies-Smith said he was making the application having reviewed his client's "medical history since 2015, including public disclosures of his mental health struggles".

A hearing on the application will take place on February 3.

Kyrgios, currently ranked 20th is in action this week at the Rakuten Open in Tokyo.

“There’s only so much I can control and I’m taking all the steps and dealing with that off the court,” Kyrgios said. “I can only do what I can and I’m here in Tokyo and just trying to play some good tennis, continue that momentum and just try to do my job – and that’s play tennis, play it well. That’s it.”