Client found not guilty of common assault and ADVO dismissed after full-day defended hearing
In a case highlighting the complexity and injustice that can arise in domestic violence matters, our criminal team at O’Brien Criminal and Civil Solicitors successfully defended a young woman who was wrongfully charged with assault after she herself had been the victim of abuse in her family home.
Case Summary: Common assault and ADVO
Our client, a young woman living in a volatile and coercive domestic environment, was initially the victim in a disturbing domestic violence incident involving her father. After seeking help from police, she was unexpectedly charged with common assault and faced an application for an Apprehended Domestic Violence Order (ADVO) against her. We took her case to a full defended hearing, where the court ultimately found her not guilty, dismissed the ADVO, and awarded legal costs in her favour.
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Detailed Overview
The client had been living with her father and his partner in a highly dysfunctional household, where she was the only one of four siblings still residing under her father’s care. Over time, she experienced:
- increasing emotional abuse,
- controlling behaviour,
- and incidents of physical aggression.
The turning point came during a disturbing incident where her father aggressively confronted her and her friends, tried to force entry into a car, and later physically grabbed and shoved her. An independent witness, alarmed by what they saw, urged the client to go to police.
Later that night, after a further escalation, her father physically restrained and shook her. Later, she went to police to make a domestic violence complaint. Although the father was eventually found guilty of common assault for his actions, the situation took an unexpected turn when police also charged our client, alleging she had pushed her father first during the altercation. An ADVO was also sought against her.
Our client firmly denied the allegation and stood by her original complaint, asserting she had been wrongly charged in retaliation for seeking police help.
The matter proceeded to a contested hearing, during which multiple witnesses gave evidence. Our defence team at O’Brien Criminal and Civil Solicitors made detailed submissions, pointing out significant credibility issues with the prosecution witnesses and inconsistencies in their accounts.
The Magistrate agreed, finding the prosecution witnesses unreliable and ultimately accepting the client’s version of events.
Outcome of common assault and ADVO charges
- The client was found not guilty of common assault
- The charge was dismissed
- The ADVO application was thrown out by the court
- A costs application was successfully made, due to prosecution delays and failure to properly serve evidence
This result represented a complete legal and moral vindication for the client, who had been unfairly criminalised after trying to escape a harmful domestic situation.
Need Advice on common assault and ADVO charges?
If you or someone you know is facing common assault and ADVO criminal charges in the context of a complex family or domestic situation, it’s important to get expert legal advice early.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
