AVO- what you need to know What is an AVO? It is Apprehended Violence Order made to protect a person who fears for his/her or childs own safety from violence, intimidation, or harassment. It is an order made by the Court to restrict the offender from future contact with the victim. You are in need of protection, then options are available. Violence need not be physical assault. It can me in many other forms like: Harassment (in person or electronically)IntimidationPsychological abuseStalkingSexual abuseObsessive...
By Yavin Kumar @ Sydney Criminal Defence lawyersDomestic violence can happen to anyone in any household, and can also occur in many forms and circumstances. In most cases, domestic violence results from an abuse of power or control from one person over another, which can result in horrific patterns involving violence, ongoing abuse, and intimidation which causes the victim to fear for their safety and wellbeing. Domestic violence does not necessarily have to involve physical abuse – in many instances,...
Fairfield Local Court – Our client was a father of two charged with indecent assault following a complaint made by a salesperson visiting him at home. Confident of our client’s innocence, and in the absence of any independent evidence to the contrary, we maintained a...
Downing Centre Local Court – March 2016Our client was a young disadvantaged man of Aboriginal background with a history of drug use and physical abuse, whose matter was referred to us by Legal Aid. He was due to be sentenced for a violent breach of AVO and common assault against his ex-partner, as well as some drugs and property offences. Despite the common law presumption that our client should be sent to jail for violent breach of an AVO, we persuaded to magistrate to adopt a more lenient course, citing our...
Downing Centre Local Court – January 2016Our client was a middle-aged professional woman charged with assault after she violently lashed out at security staff after her partner was ejected from licensed premises in the Sydney CBD. Despite the dramatic nature of the police facts, we were able to persuade the magistrate to deal with her matter without conviction, placing her on a good behaviour bond. This had obviously positive implications for our client maintaining her professional career.
Liverpool and Parramatta Local Courts – March 2016Our client was charged with dangerous driving occasioning grievous bodily harm, after his ex-partner jumped from his moving car following an argument they had, suffering brain damage. His matter was referred to us on a grant from Legal Aid. Our client was found guilty on the basis that his continuing to drive after his ex opened the door to the car, took her seatbelt and said she would jump out, fell below the minimum standards of care expected of a driver to the...
Campbelltown Local Court – December 2015Our client was a young man charged with rape following a complaint from an acquaintance. Confident of our chances at trial, and keen to keep our client’s costs down, we pushed the prosecution along and indicated that we were ready to have our client committed for trial in the District Court. Upon review by a Crown Prosecutor, the weaknesses in the prosecution’s case were made clear, and the prosecution withdrew the matter in the Local Court.
Sydney Supreme Court – March 2016Our client was charged with a number of serious sexual assault and intentional wounding and grievous bodily harm offences arising out of an allegedly abusive domestic relationship. With the trial matter pending in the Lismore District Court, we persuaded a Supreme Court judge to grant our client conditional bail, after we pointed to weaknesses in the prosecution and rebutted the prosecution’s hollow argument that our client posed a flight risk.
Windsor Local Court – January 2016Our client was charged with assault occasioning actual bodily harm after he drunkenly struck a stranger at a holiday retreat, causing the other man to fall over and strike his head on a concrete boat ramp, requiring stitches in the back of his head. Despite the serious nature of the facts, we persuaded the magistrate to deal with the matter by way of good behaviour bond and fine only, given the fact that our client was significantly provoked and was hard-working family man with...
Parramatta Local Court – March 2016Our client was a middle-aged man charged with custody of a baseball bat, intimidation, assault police and intimidate police. On our advice, he pleaded guilty to the baseball bat and assault police offences, and not guilty to the two...