May 26, 2016

Contravene apprehended domestic violence order (ADVO): Police v NBJ

ADVO Facts: Contravene apprehended domestic violence order

NBJ faced charges of breaching a domestic violence order (Section 14(1) Crimes (Domestic and Personal Violence) Act 2007) by a serious act of violence involving knives and threats to the life and limb of his estranged partner.

He had a very serious and lengthy criminal history for acts of violence. A domestic violence order had been imposed for a number of years. After his arrest for the offence,  a Local Court Magistrate refused bail pending the hearing.

Our criminal lawyers had protracted negotiations on the particulars with prosecuting authorities in relation to the particulars upon which NBJ would plead guilty. He asserted that some of the allegations were either exaggerated, embellished or untrue. Having resolved the particulars of the charge in favour of our client, NBJ pleaded guilty before the Local Court.

ADVO Outcome: Plea of guilty as serious domestic violence alleged: non-custodial sentence imposed

NBJ was released from prison and ordered to perform 30 hours of community work. The sentencing magistrate took into account the time that he had spent in custody (approximately 2 ½ months) and the abundant material placed before the Court in relation to his work prospects, his remorse, and his improvement in psychological health.

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with an experienced Sydney AVO Lawyer.