Common Assault and ADVO Charges: In New South Wales, common assault charges and Apprehended Domestic Violence Orders (ADVOs) are among the most frequently prosecuted matters in the Local Court. While these cases are often straightforward, they can also involve complex personal relationships, false allegations, and misunderstandings that significantly impact a person’s life. If you’re facing a common assault charge or an ADVO, understanding your rights and legal options is essential.
What Is Common Assault Under NSW Law?
Common assault is an offence under Section 61 of the Crimes Act 1900 (NSW). It applies where a person assaults another without causing actual bodily harm. This can include physical contact like pushing or slapping, or even threatening gestures that make someone fear immediate violence.
Penalties for common assault can include fines, community correction orders, or even imprisonment in serious cases. However, the court has discretion depending on the context, whether it’s a first offence, and the strength of the evidence.
Read our successful Criminal Case Studies.
Understanding ADVOs (Apprehended Domestic Violence Orders)
An ADVO is a court order designed to protect a person from violence, threats, harassment, or intimidation by someone they have a domestic relationship with. Police often apply for an ADVO automatically when called to a domestic incident.
While ADVOs are civil orders, breaching an ADVO is a criminal offence and can lead to arrest and serious penalties. ADVOs can significantly affect parenting arrangements, employment, and your ability to live in your own home.
You Can Be Charged With Common Assault and ADVO Charges, Even If You Called the Police
At O’Brien Criminal and Civil Solicitors, we’ve seen numerous cases where the person who initially sought help from police ends up being charged themselves. One recent example involved our client, a young woman who called the police after a violent domestic incident involving her father. Despite being the original victim, she was charged with common assault and served with an ADVO application.
Our legal team ran a full-day defended hearing, successfully arguing that the client had been wrongly criminalised. The Magistrate found her not guilty, dismissed the ADVO, and awarded legal costs in her favour. This was a complete legal vindication and a reminder of the importance of skilled legal representation in domestic violence matters.
Defending Common Assault and ADVO Charges in Sydney
Defending a common assault charge or an ADVO requires careful legal analysis of the evidence, witness statements, and the credibility of the complainant. At O’Brien Solicitors, our experienced criminal defence lawyers regularly appear in Local Courts across Sydney and NSW. We’ve helped clients avoid convictions, have ADVOs dismissed, and in many cases, recover legal costs from police or prosecutors.
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. In some cases, we can also set up a free call with our team.
