February 4, 2019

CFL – Domestic Violence and Contravention of AVO

Keywords: Offence of Contravening Apprehended Violence Order, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – Possession of Prohibited Drugs, Section 10(1)(a) Drug Misuse and Trafficking Act 1985 – Community Corrections Orders, Section 8 Crimes (Sentencing Procedure) Act 1999.

Facts:

CFL was charged with common assault (domestic violence) towards his mother and possession of prohibited drugs. CFL was subject to an Apprehended Domestic Violence Order (ADVO), was he allegedly breached when he returned to his mother’s house. CFL pleaded not guilty to all charges.

Outcome:

O’Brien Criminal and Civil Solicitors successfully defended the first charge of common assault and negotiated with Police to have the charge withdrawn before the hearing. The charge of possession of a prohibited drug was dismissed. The ADVO against CFL was confirmed as a Final Order by consent without admission for a period of 12 months.

 

If you have been charged with common assault or facing an AVO or ADVO, contact O’Brien Criminal and Civil Solicitors at (02) 9261 4281.