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Domestic Violence & AVO Lawyers In Sydney
A high rate of success with Domestic Violence and Apprehended Violence Orders. Call Now 1300 595 299 free consultation with specialist lawyer.
Have you been charged with domestic violence?
We have represented thousands of clients charged with domestic violence related offences.
Click on these offences to see genuine case studies where we have achieved success for our clients.
Are the police or someone else trying to take out an AVO against you? Do you need an AVO against someone else to protect yourself?
Our criminal lawyers have taken the time to compile information on Apprehended Violence Orders so you know what your legal options are if you are faced with either of the above scenarios.
Click on the links below to find out what the court will consider in deciding whether or not to make an AVO and the process of applying to the court for an AVO yourself. We’ve also included information on the effect of breaching an AVO.
Remember if you have a question about Apprehended Violence Orders, you can contact our solicitors for advice by phone on our 24 hour phone line, make a website enquiry directly to our office, or post a question on our forum.
Case Study - Breach AVO/Section 10/Defending and AVO- Section 10 for breaching AVO 100 times
Case Study - Good behaviour bond for breaking Victim’s nose
Our client had an AVO in place against him that included that he not contact the victim by any means.
During the course of the AVO period, it was alleged that our client breached the AVO more than 100 times, by sending harassing emails to the victim.
We negotiated with the prosecution to reduce the number of emails sent to the victim, ultimately reducing the number of breaches to 40. Our client then pleaded guilty to an amended set of facts.
The matter appeared before Magistrate Holdsworth at Liverpool Local Court in May 2015. Our client’s case was diligently prepared with supporting evidence to argue his Section 10 application. This included character witness evidence, those of who also attended court on the day of sentencing. Also was evidence of overseas work travel, that which would not be possible if with a criminal conviction.
Ms. Holdsworth agreed with our submission, and proceeded to place our client on a Section 10 good behaviour bond.
Case Study - Common Assault charges dismissed– Section 32 – Severe Depression Following Family Death
Our clients were charged with assault occasioning actual bodily harm in company, namely a broken nose. One of our clients was also charged with damage to property in company. The charges followed a drunken brawl which occurred inside the Illinois Hotel at Five Dock.
Both of our clients were highly intoxicated to the point that neither could recall any events which took place.
The evidence against our clients was overwhelmingly strong and included CCTV footage. Both our clients pleaded guilty.
Our solicitor encouraged our clients to seek out rehabilitation for alcohol misuse including counselling and by attending Alcoholics Anonymous leading up to their sentence hearing.
Our solicitor assisted both our clients prepare their cases including obtaining character references which helped proved the offences were highly out of character for each.
One of our client had recently suffered incredibly traumatic events within his family and had a close friend pass away days before the offence.
Our solicitor forcefully argued the need for rehabilitation of one of our clients. She provided evidence of events that had triggered his behaviour and his need for developing better coping mechanisms.
In addition to the overarching need for rehabilitation our solicitor argued that any penalty that was not centred on rehabilitation would significantly disadvantage our clients prospects of rehabilitation. Given our client was 20 years of age and was otherwise a person of good character His honour agreed with these submissions.
In respect to the co-accused, our solicitor argued that he was acting entirely out of character and that he had demonstrated profound remorse and responsibility for his actions.
Our solicitor argued against a restitution order to replay the damage caused to the Hotel on the basis that no quote or receipt had been provided.
This was an excellent result given the social concerns around alcohol related violence.
Case Study - Not Guilty After Agreeing to AVO Without Admissions
Our client was charged with common assault, she reported the victim borrowed approximately four thousand dollars from her with an agreement the money will be repaid in 12 instalments.
The victim made a number of repayments, however failed to repay the complete amount.
On the date of the offence our client attended the panthers club and saw the victim gambling, our clients spoke to the victim to discuss the outstanding loan, during which the victim refused to repay.
Our client became frustrated watching the victim gambling and she lashed out at the victim a number of times.
In preparing this case, Adam sought to apply for an order under section 32 of the Health (Forensic Provisions) Act NSW 1990, as our client suffered from significant degree of emotional upset due to her husband committing suicide and almost killing herself and her daughter.
A psychologist report was prepared to outline the symptoms she is suffering and it stipulated during the time of the offence she had suffered from a mental condition.
The matter went before Magistrate Bailey at Liverpool Local Court who found that our client was suffering from a mental condition at the time of the offence and the matter was dismissed. This was a positive outcome for our client.
Case Study - S. 10 for Aspiring Doctor
Our client was charged with Intimidation. He pleaded not guilty in the local court.
The allegations were that our client moved into shared accommodation but was soon after given notice to vacate the room he was renting.
The relationship between our client and the flatmate turned sour when he questioned her about the notice. The flat mate alleges that our client threatened her by holding his fist close to her face. She further alleged that our client was calling her names. Finally she alleged our client got a knife out of the kitchen draw and thrusted it towards her whilst grunting.
Our client disputed this. In a lengthy 2 day hearing, our solicitor put the complainant’s version to the test, showing her the inconsistencies between what she alleged and her text messages.
Our solicitor put to the complainant she had a motive – which was to get our client out of the house before the 2 weeks’ notice and without having to pay him back the bond he paid.
Our client was found not guilty after a lengthy hearing and he gets to keep his good name.
Our client agreed to an AVO without admissions for 12 months before the hearing started.
Case Study - Bail granted for Kidnap – Assault – Domestic Violence
Our client was charged with intimidation, assault, and damage property.
It was alleged that our client engaged in a sustained attack against his partner including at one point using a coke bottle to strike the victim to the head six times causing bruising and swelling to the victim.
Further it was alleged our client had destroyed her computer equipment and made a number of violent threats.
The matter proceeded to sentence at Parramatta Local Court and our solicitor argued that our client was provoked after being slapped to the face by his partner and that these offences were out of character.
Further it was submitted that convictions would put a end to our clients medical career as an aspiring Doctor.
The court agreed that it could find provocation, and decided not to put an end to our clients medical career.
Our client was placed on long bonds pursuant to Section 10.
Case Study - Section 10 for Intimidation
Our client was charged with the serious indictable offence of kidnap and the assault of his estranged girlfriend.
Despite facing a serious indictable charge that carries a penalty of 14 years imprisonment, 3 charges for common assault increasing the maximum penalty to 21 years imprisonment, and having no presumption in favour of bail we were determined to fight for our client.
We advised him to apply for bail in the local court due to the considerable weaknesses we found in the prosecution’s case.
We fiercely argued that the evidence of injury to the victim was absent and at best inconsistent with the allegations against our client.
We disputed critical facts in the prosecution’s case, arguing against the victim being detained against her will and that the victim was freely accompanying our client without attempting to escape.
Our team of criminal lawyers researched every possible flaw in the prosecution’s case which we successfully argued to the court.
Instead of finding himself in remand custody for an unknown period, our client has been able to remain at liberty and employed while he awaits trial – at which we will vigorously defend his innocence.
Case Study - Unintentional Intimidation Receives S 10.
Our client was charged with intimidation. It was alleged our client entered his neighbors property with a baseball bat with the intention to intimidate after a dispute regarding noise levels.
Our client worked in the IT profession which required him to travel overseas for work purposes. A conviction would rrestrict his ability to travel and thus the likely termination of his employment.
The matter proceeded to sentence at Fairfield Local Court. Evidence of the effect of the conviction on our clients career was presented to the court. It was submitted our client was a person of good character and was unlikely to reoffend and that a section 10 was appropriate on this occasion.
The court agreed and placed our client on a Section 10 bond for two years.
Case Study - Intention not proved
Our client was charged with Intimidation of her neighbor. Our client instructed us that she had no intention to intimidate her neighbor.
This is an essential ingredient of the charge.
We proceeded to hearing at Burwoood Local Court having considered the brief of evidence and the prosecution tendered the brief to the evidence to the magistrate at our request. We made submissions that the prosecution could not prove intention element of the charge. The magistrate agreed and dismissed the charge against our client.
Case Study - Common assault charges dismissed following Not Guilty Verdict
Our client was charged with the offence of common assault.
His wife had alleged that our client kicked her in the stomach during a heated argument. Our client denied these allegations, saying that the contact he made was accidental and non-intentional. Our client then pleaded not guilty and the matter proceeded to a defended hearing.
Our solicitor vigorously cross-examined the alleged victim about her version of events.
Our client also gave evidence regarding his version of events. After hearing all the evidence the court found that the prosecution failed to prove beyond reasonable doubt that our client had intentionally kicked his wife in the stomach, as alleged by the prosecution.
Our client was found not guilty and remains criminal conviction free.
Case Study - Using Carriage Service to Menace & Harass
Our client was charged with the offence of common assault.
Our client was charged with common assault and using stalking or intimidation to cause fear of mental/physical harm following an alleged domestic dispute between him and his wife. The case was heard at Parramatta Local Court for a defended hearing in May this 2013.
The Brief of Evidence, particularly the statement of the wife, was inconsistent with our client’s instructions. The wife gave evidence that our client had threatened her life by saying “If you disappeared off the face of the earth tomorrow, the kids would not have to see your boyfriend again”.
She gave evidence that this was said in an aggressive manner with the Defendant centremetres from her face.
We put to her that what had actually been said was “If you died of lung cancer, the kids won’t have to see your new boyfriend again”. The wife conceded this was what had been said and that the threat was not one on her life.
The Magistrate found the client’s actual words provided a different context to the remarks and they were clearly not threats to the wife’s life.
Further, her Honour found that by omitting what was actually said the client had purposely sought to portray our client in a negative light. On account of this finding she found the wife had no credibility and that her evidence could not be relied upon.
Case Study -Section 32/ Use carriage service to threaten- Client suffering from Severe Depression
Our client who is a security guard was charged with using carriage service to menace and harass. This offence involves using telecommunications to harass another person.
The police alleged that during the course of one day our client had left the victim 12 voice messages, sent 17 text messages and left 6 missed calls on the victims mobile phone in relation to a property dispute. The Client instructed us to plead guilty.
One of our dedicated solicitors made submissions to Blacktown Local Court that the matter could be dealt with pursuant Section 10.
Our solicitor submitted to the Court our client’s prior good character, community contributions, early plea of guilty and remorse shown by the client.
The Magistrate agreed and recorded no conviction. A criminal conviction would have had a detrimental effect on our client’s ability to work in the security industry.
Our client continues to serve the community as a security guard.
Our client was charged with Using Carriage service to threaten her boyfriend. She had been suffering from serious depression prior, during and after the commission of the offences. She was a person of good character that was obviously not of a violent disposition.
Our solicitor sought an order for a section 32 under the Mental Health (Forensic Provisions) Act 1990, citing that our client had received counselling from her Psychologist for months prior to the offence, and continued with that counselling during the court proceedings.
We obtained a comprehensive Psychological report detailing her condition, a suitable treatment program and prognosis for her court hearing at Sutherland Local Court in June 2015.
The case appeared before Magistrate Bugden, who agreed with our application and proceeded to discharge our client into the care of her parents.
An excellent result for our client.
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