January 8, 2018

Domestic Violence, ADVO and AVO Case Studies

Click on the case name to review domestic violence, ADVO and AVO case studies in which O’Brien Criminal and Civil Solicitors have acted in. See the results we have achieved and what our clients have said about us.

Domestic Violence

GLR – Strong submissions in sentencing hearing results in no further sentence after custody already served

Our client was charged with several domestic violence related offences following a serious invasion of his ex-partner’s house despite being the subject of an AVO. He pleaded guilty to all offences. We represented him in his sentencing hearing and submitted that GLR had rehabilitated himself since the incident. Due to the strength of the submissions GLR was sentenced to the time that he had already spent in custody, and his matter was concluded without further sentence.

MRT – Client found not guilty for all charges

MRT and the complainant were arguing at their accommodation. There were allegations that MRT shoved the complainant, and damaged her door. Whilst representing MRT in his hearing, we were able to cast doubt on the testimony of the complainant. Our client was found not guilty of all three charges: attempting to stalk or intimidate, common assault and intentionally/recklessly damaging property.

BQLSuccessful defence against assault charges

BQL was in an abusive relationship with the father of her children. She was placed on an ADVO which precluded her from being within the family home whilst intoxicated. The incident in question involved an allegation that she had assaulted her partner, whilst being intoxicated in the family home. She pleaded guilty to breaching the ADVO, but insisted that she had not assaulted her partner. At her trial, the Magistrate was unable to accept beyond reasonable doubt that she had assaulted her partner. She was placed on a good behaviour bond for the breach of the ADVO.

DTA – Client pleaded guilty to lesser charges after negotiation with prosecution

Our client was charged with assault and damage of property. We represented DTA during his pre-trial negotiations where our client agreed to plead guilty to the charge of common assault whilst the prosecution agreed to amend the particulars of the facts to more accurately reflect the lower severity of the offence.

STAClient sentenced to good behaviour bond after pleading guilty to lesser charges

STA was verbally abusive towards the victim on two occasions when he demanded to take custody of their child. He was charged with two accounts of assault. STA pleaded guilty to both counts of assault after the prosecution agreed to amend the particulars upon sentencing to more accurately reflect the facts that transpired. He was sentenced to a good behaviour bond.

WZP – Plea negotiation after client charged with common assault

Our client was charged with two counts of common assault and was under threat of an AVO after an extended altercation with his partner. We represented WZP in a successful plea negotiation which resulted in all but one of the common assault charges withdrawn.

AVOs / ADVOs

HDS – Charge of intimidation dropped after successful defence representation

HDS contravened his AVO which prevented him from visiting his family home. Upon visiting his home he became enraged and kicked his sister’s car, causing damage. As a result, he was charged with intimidation, contravening an AVO and damaging property. We successfully represented HDS in getting the charge of intimidation dismissed and a supervised good behaviour bond for the remaining two charges.

PDH – Client not guilty of breaching AVO after defence proves that AVO expired

PDH was arrested and charged for breaching his AVO when he visited his parents’ place. In a contested hearing, we successfully established the fact that the AVO against PDH had in fact expired. He was therefore not guilty of this charge.

FDN – Defence representation for client who breached AVO

FDN was arrested in relation to a common assault charge, and served with an AVO which prevented him from returning to his mother’s home. After being released from the police station after his arrest, he returned to his mother’s place to sleep given that he had nowhere else to go. He was arrested the next day for breaching the AVO. FDN pleaded guilty to breaching the AVO. We represented him in his sentencing hearing where we argued that FDN was placed with the choice of breaching the AVO or homelessness. As a result of the submissions, our client was sentenced to the time already served in custody, and a six-month good behaviour bond.

NBJSuccessful negotiation with prosecution resulted in lesser sentence

Our client was charged and arrested for breaching a domestic violence order by a serious act of violence involving knives and threats to the life and limb of his estranged partner. Our client had a lengthy criminal history for acts of violence and a domestic violence order had been imposed for a number of years. He was therefore refused bail pending the hearing of the matter. We negotiated with the prosecution on the particulars upon which our client would plead guilty. After pleading guilty, he was released from custody and ordered to perform 30 hours of community sentence.

SXI – ADVO application against client dismissed after successful representations by defence

The incident in question involved SXI’s mother-in-law brandishing a pizza cutter at SXI. He grabbed her arm in order to ward off the attack, before taking the pizza cutter from her and calling police. When the police arrived they spoke to the mother-in-law who gave a false complaint. The police sought an ADVO against SXI. We made representations on behalf of our client to the police as to the unreasonableness of the ADVO application. The prosecution accepted this and dismissed the ADVO application.

GMS Client charged in relation to two incidents, pleads guilty to first and found not guilty of second

GMS was placed under an AVO. On the first occasion, the police found GMS in the wardrobe at the victim’s house, and the second occasion, the victim alleged that she had been verbally abused by GMS. GMS was charged with a breach of AVO, and with stalk/intimidate in relation to this incident. He pleaded guilty to the first breach of AVO, but in relation to the second incident, his identity could not be established beyond reasonable doubt. GMS was found not guilty of both charges in relation to the second incident.

RM – Client found not guilty of breaching ADVO

RM’s grandmother, the alleged victim, had an ADVO against RM which prevented her from being within 100m of her grandmother’s residence or workplace. RM allegedly breached this condition by attending her grandmother’s unit. We assisted RM in contesting the charge where she was found not guilty.

TS – AVO withdrawn against client

It was alleged that TS attended the complainant’s house, demanding money from the complainant to pay for his taxi ride. An AVO was later obtained protecting the complainant from TS. O’Brien Criminal and Civil Solicitors represented TS on two occasions with the prosecution withdrawing the charges on the second occasion. The matter was dismissed and the AVO was withdrawn.

MNSuccessful bail application after client was charged for breaching AVO

MN was charged for breaching an AVO that involved acts of violence. MN faced a full time custodial sentence should the offences be proved. The police refused bail, so he applied for bail before the Local Court. If bail remained refused he would have lost his job. We represented MN in his bail hearing where the Local Court granted bail with strict conditions.

HDB – Charges against client withdrawn before hearing started

Following an altercation with his former partner, HDB was charged with the breach of an AVO and common assault. The charges against HDB were withdrawn before the hearing began and he was discharged.

RW – Plea negotiation resulted in client pleading guilty to lesser charge

RW was charged with assault occasioning actual bodily harm and contravening a condition of an AVO. RW entered into a plea negotiation where agreeing to plea guilty to contravening AVO after the prosecution withdrew the charge of common assault. RW was sentenced to a good behaviour bond.

BTCharges against client withdrawn and AVO dismissed

The applicant made an application for an AVO against our client. It was alleged that during the course of employment BT grabbed the arm of the applicant during a verbal disagreement. It was further alleged that BT threatened the applicant. Our client opposed the AVO and the matter was heard before the Local Court. Successful representations were made to have the charge withdrawn and the AVO application was dismissed.

LOCharges against client dismissed

A feud between LO and the victim resulted in the victim taking out an AVO against LO. It was alleged that LO had breached his AVO conditions by sending abusive messages through Facebook. We represented LO and raised the possibility that the Facebook message was sent from a fraudulent account set up in LO’s name. The charge was withdrawn and the case was dismissed.

AA v HDIntimidation charges dismissed

HD sought an APVO against AA after alleging that AA had intimidated, harassed and threatened HD. AA did not consent to the order and a hearing was commenced in the Local Court. The Court was not satisfied on the balance of probabilities that AA’s conduct amounted to intimidation, and therefore dismissed the application.