A young person rang the police for help after a violent incident at home. Instead of being protected, our client was charged.
Months later, on the day the matter was set down for a defended hearing in the Children’s Court, police agreed to withdraw both charges. No finding of guilt was made and no conviction was recorded.
Children’s Court Assault and Intimidation Charges
The charges came from an incident at the family home earlier this year, involving our client, a parent and that parent’s partner.
Our client’s account was that the parent started the violence by grabbing and pushing them, and then assaulted them again inside the home.
Our client said any physical contact from them was in self-defence. They denied threatening the parent or assaulting the parent’s partner, and said the partner was struck by the parent while trying to step in.
Our client left the property and contacted police seeking help. Police later charged our client.
The charges
Our client faced two charges in the Children’s Court:
- Common assault, under section 61 of the Crimes Act 1900 (NSW).
- Stalking or intimidating a person with intent to cause fear of physical or mental harm, under section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
As the allegations arose in a domestic setting, related AVO proceedings ran alongside the criminal case.
Our approach
Allegations of violence in a family are serious, and AVO proceedings exist to protect people. Our job was to test whether the evidence actually supported the charges against our client.
Our criminal lawyers reviewed the prosecution brief, photographs of our client’s injuries and our client’s instructions. We then prepared for a defended hearing, including cross-examination of both complainants.
On the day of the hearing, we raised significant concerns with the Police Prosecutor:
- Our client was the person who contacted police for help, as the reported victim.
- Our client was questioned without a caution and without a parent or other responsible adult present, which raised questions about the safeguards that applied and whether those statements could be relied on.
- The photographs documented injuries that supported our client’s account, while the parent had no apparent injuries.
- The two complainants were interviewed close together and, at times, in each other’s presence, which raised concerns about how independent their accounts were.
- Neither complainant wished to give evidence, and police had been told as much.
We maintained that our client acted in self-defence and challenged the reliability and sufficiency of the prosecution evidence. After negotiations, police agreed to withdraw both charges.
Read our other criminal law case studies.
What is an AVO?
An apprehended violence order (AVO) is a court order that restricts a person’s behaviour towards someone they are said to need protection from. A court can make an interim order while the allegations are still to be decided, and an interim order is not a finding that anything alleged is true. Read our full guide to apprehended violence orders in NSW.
The outcome: both charges withdrawn
Both charges were formally withdrawn and dismissed in the Children’s Court. No finding of guilt was made and no conviction was recorded.
The related AVO proceedings were resolved on an interim basis, without admissions. The orders were limited to the standard condition, with no further restrictions added. The matter was listed again for a few months’ time, and that part of the case is still running.
For our client, that meant leaving court with both criminal charges gone. The result came from careful preparation for a hearing and a negotiated withdrawal, not from a ruling after evidence was heard. Every point we raised with police came from the material in the brief and our client’s instructions, which is why early, thorough preparation mattered.
You can read more about how these charges and orders interact in our guide to common assault and ADVO charges in NSW.
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We always change the names and other identifiable details in case studies to protect client privacy.
Past results do not guarantee future outcomes. Every case is assessed on its individual merits. This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
