Domestic Violence, ADVO and AVO Case Studies

See the ADVO/AVO and domestic violence case studies in which O’Brien Criminal and Civil Solicitors have acted in. See the results we achieved and what our clients have said about us.

AVOs / ADVOs

Indigenous chef breaches AVO as he attempts to see ex

Our client found it hard to deal with the breakup of his relationship. He attempted several times to contact his ex-girlfriend, breaching an AVO in the process.

Application to have AVO extended successfully blocked

Brian* was served with an application to extend an AVO that the police obtained on behalf of his ex-partner. Brian had not breached his AVO since it was made two years ago. In fact, he had not had any contact with the person named in the AVO since that same date.

Man breaches ADVO twice by living in his mother’s home with her consent

A man assaulted his mother, and police found him to also have cannabis. Police got an apprehended domestic violence order with his mother being the protected person. Within 4 months he breached it twice. The takeaway here is that even if the protected person consents to your presence, the ADVO is still breached.

Contravention of ADVO (Apprehended Domestic Violence Order) – the case of BW

BW was subject to an ADVO from his wife. While patrolling, police observed BW and the PINOP (Person In Need Of Protection) on bikes at George Street in Waterloo, talking to each other.

Apparent breach of Apprehended Violence Order (AVO) when girlfriend shows up at the defendant’s house

Police arrested RM for breaching conditions of an Apprehended Violence Order from his partner. He stated that his partner turned up to his house in the early hours of the night where he let her into the premises. Then, they spent the night together.

BS – Client receives no conviction for domestic violence matter

Police charged BS with common assault of his wife and contravention of AVO. BS has a diagnosis of schizophrenia and was not taking his medication on the night of the incident. We successfully represented BS, who pleaded guilty to the two charges. BS received a Community Release Order (without conviction) for a period of 18 months for the common assault charge. The Magistrate dismissed the charge of contravening AVO.

SH – Non-contact Orders Removed in ADVO

SH was subject to an ADVO by his wife. He sought to renew the terms of the orders. We successfully negotiated back and forth with the police to agree on the appropriate orders. After much deliberation, the non-contact orders against SH were removed.

MG – Common Assault Charge and ADVO Dismissed

Police charged MG with common assault against his girlfriend and was also subject to an Apprehended Domestic Violence Order (ADVO). The victim did not attend the hearing and subsequently the charge of common assault and ADVO were dismissed.

CFL – Domestic Violence and Contravention of AVO

Police charged CFL with common assault (domestic violence) towards his mother. He was also subject to an Apprehended Domestic Violence Order (ADVO). The firm successfully defended the first charge of common assault and negotiated with Police to withdraw the charge before the hearing.

MK – Charge of Assault Occasioning ABH and AVO withdrawn

The police arrested MK for common assault. MK was also subject to an Apprehended Violence Order (AVO). We successfully negotiated with the police before the hearing to withdraw charge of assault occasioning ABH. The Police accepted the offer and the charge and AVO against MK were withdrawn.

AB – Client found not guilty to assaulting police, and given a good behaviour bond for breaching her ADVO

AB was under an ADVO that prohibited her from visiting the house of her family. When police found her there, they tried to restrain her, but she struggled against them and ended up scratching the skin of several police officers. Police charged her with breaching the ADVO and four counts of assaulting a police officer in the execution of duty. We represented AB in her Local Court hearing where the defence submitted that the police were not acting properly while executing their duty. This argument was successful and AB was found not guilty to the 4 assault charges. In relation to the ADVO charge, she pleaded guilty and her sentence was a section 9 supervised good behaviour bond.

HDS – Charge of intimidation dropped after successful defence representation

HDS contravened his AVO which prevented him from visiting his family home. Upon visiting his home he became enraged and kicked his sister’s car, causing damage. As a result, Police charged him with intimidation, contravening an AVO and damaging property. We successfully represented HDS in getting the charge of intimidation dismissed. He got a supervised good behaviour bond for the remaining two charges.

PDH – Client not guilty of breaching AVO after defence proves that AVO expired

Police arrested PDH and charged him for breaching his AVO when he visited his parents’ place. In a contested hearing, we successfully established the fact that the AVO against PDH in fact expired. He was therefore not guilty of this charge.

FDN – Defence representation for client who breached AVO

Police arrested FDN in relation to a common assault charge, and served him with an AVO which prevented him from returning to his mother’s home. After release from the police station after his arrest, he returned to his mother’s place to sleep given that he had nowhere else to go. Police arrested him the next day for breaching the AVO. FDN pleaded guilty to breaching the AVO. We represented him in his sentencing hearing where we argued that FDN faced the choice of breaching the AVO or homelessness. As a result of the submissions, our client’s sentence was the time already served in custody, and a six-month good behaviour bond.

NBJSuccessful negotiation with prosecution resulted in lesser sentence

Police charged our client and arrested him for breaching a domestic violence order by a serious act of violence involving knives and threats to the life and limb of his estranged partner. Our client had a lengthy criminal history for acts of violence and had a domestic violence order on him for a number of years. He was therefore refused bail pending the hearing of the matter. We negotiated with the prosecution on the particulars upon which our client would plead guilty. After pleading guilty, he gained release from custody and an order to perform 30 hours of community sentence.

SXI – ADVO application against client dismissed after successful representations by defence

The incident in question involved SXI’s mother-in-law brandishing a pizza cutter at SXI. He grabbed her arm in order to ward off the attack, before taking the pizza cutter from her and calling police. When the police arrived they spoke to the mother-in-law who gave a false complaint. The police sought an ADVO against SXI. We made representations on behalf of our client to the police as to the unreasonableness of the ADVO application. The prosecution accepted this and dismissed the ADVO application.

GMS Client charged in relation to two incidents, pleads guilty to first and found not guilty of second

GMS was under an AVO. On the first occasion, the police found GMS in the wardrobe at the victim’s house. On the second occasion, the victim alleged that she experienced verbal abuse by GMS. Police charged GMS with a breach of AVO, and with stalk/intimidate in relation to this incident. He pleaded guilty to the first breach of AVO, but in relation to the second incident, his identity could not be established beyond reasonable doubt. GMS was found not guilty of both charges in relation to the second incident.

RM – Client found not guilty of breaching ADVO

RM’s grandmother, the alleged victim, had an ADVO against RM which prevented her from being within 100m of her grandmother’s residence or workplace. She allegedly breached this condition by attending her grandmother’s unit. We assisted RM in contesting the charge where she was found not guilty.

TS – AVO withdrawn against client

Police alleged that TS attended the complainant’s house, demanding money from the complainant to pay for his taxi ride. An AVO was later obtained protecting the complainant from TS. O’Brien Criminal and Civil Solicitors represented TS on two occasions with the prosecution withdrawing the charges on the second occasion. The matter was dismissed and the AVO was withdrawn.

MNSuccessful bail application after client was charged for breaching AVO

Police charged MN for breaching an AVO that involved acts of violence. MN faced a full time custodial sentence should the offences be proved. The police refused bail, so he applied for bail before the Local Court. If bail remained refused he would have lost his job. We represented MN in his bail hearing where the Local Court granted bail with strict conditions.

HDB – Charges against client withdrawn before hearing started

Following an altercation with his former partner, Police charged HDB with the breach of an AVO and common assault. The charges against HDB were withdrawn before the hearing began and he was discharged.

RW – Plea negotiation resulted in client pleading guilty to lesser charge

Police charged RW with assault occasioning actual bodily harm and contravening a condition of an AVO. RW entered into a plea negotiation where agreeing to plea guilty to contravening AVO after the prosecution withdrew the charge of common assault. RW’s sentence was a good behaviour bond.

BTCharges against client withdrawn and AVO dismissed

The applicant made an application for an AVO against our client. Police alleged that during the course of employment BT grabbed the arm of the applicant during a verbal disagreement. Police further alleged that BT threatened the applicant. Our client opposed the AVO and the matter went before the Local Court. Our AVO lawyers made successful representations to have the charge withdrawn and the AVO application was dismissed.

LOCharges against client dismissed

A feud between LO and the victim resulted in the victim taking out an AVO against LO. Police alleged that LO had breached his AVO conditions by sending abusive messages through Facebook. We represented LO and raised the possibility that the Facebook message came from a fraudulent account set up in LO’s name. The charge was withdrawn and the case was dismissed.

AA v HDIntimidation charges dismissed

HD sought an APVO against AA after alleging that AA had intimidated, harassed and threatened HD. AA did not consent to the order and a hearing commenced in the Local Court. The Court was not satisfied on the balance of probabilities that AA’s conduct amounted to intimidation and therefore dismissed the application.

Domestic Violence

Keith – Charges successfully dismissed with no conviction for minor assault

Police charged Keith* with domestic violence common assault following an incident at the family home. Both Keith and his wife were drinking when an argument broke out. Keith’s wife tried to grab a beer out of his hands. In response, he pushed his wife once with his left arm.

Mount Druitt: Successful outcome for client charged with common assault and stalk

Police arrested a man and took him to Riverstone Police Station. At a hearing at Mount Druitt Local Court he got a good result for common assault & stalk charges after AVO violation. Sentence was backdated and client was released on parole.

MT – Successful outcome for client charged with common assault and contravening AVO

Charged with common assault & contravening AVO. A hearing at Parramatta Local Court resulted in withdrawal of the charges after a deal with Police Prosecutor.

BR – Successful outcome for client charged with common assault (DV); stalk/intimidate

Cat bites man and he assaults his girlfriend in DV incident. Police charged him with common assault & stalk/intimidate. Our criminal defence lawyers defend him.

BA – Good outcome for client charged with assault occasioning actual bodily harm (domestic violence)

Police charged BA with assault occasioning actual bodily harm (AOBH) after a fight with her sister following a night of drinking and partying. The two sisters were in a state of intoxication at the time of the incident.

GLR – Strong submissions in sentencing hearing results in no further sentence after custody already served

Police charged our client with several domestic violence related offences following a serious invasion of his ex-partner’s house. This was despite him being the subject of an AVO. He pleaded guilty to all offences. We represented him in his sentencing hearing and submitted that GLR had rehabilitated himself since the incident. Due to the strength of the submissions GLR’s sentence was the time that he had already spent in custody. His matter concluded without further sentence.

MRT – Client found not guilty for all charges

MRT and the complainant were arguing at their accommodation. There were allegations that MRT shoved the complainant, and damaged her door. While representing MRT in his hearing, we cast doubt on the testimony of the complainant. The verdict: not guilty of all three charges: attempting to stalk or intimidate, common assault and intentionally/recklessly damaging property.

BQLSuccessful defence against assault charges

BQL was in an abusive relationship with the father of her children. She got an ADVO which precluded her from being within the family home while intoxicated. The incident in question involved an allegation that she assaulted her partner, while intoxicated in the family home. She pleaded guilty to breaching the ADVO, but insisted that she had not assaulted her partner. At her trial, the Magistrate was unable to accept beyond reasonable doubt that she assaulted her partner. She went on a good behaviour bond for the breach of the ADVO.

DTA – Client pleaded guilty to lesser charges after negotiation with prosecution

Police charged our client with assault and damage of property. We represented DTA during his pre-trial negotiations where our client agreed to plead guilty to the charge of common assault. Meanwhile, the prosecution agreed to amend the particulars of the facts to more accurately reflect the lower severity of the offence.

STAClient’s sentence: good behaviour bond after pleading guilty to lesser charges

STA was verbally abusive towards the victim on two occasions when he demanded to take custody of their child. Police charged him with two accounts of assault. STA pleaded guilty to both counts of assault after the prosecution agreed to amend the particulars upon sentencing to more accurately reflect the facts that transpired. His sentence was a good behaviour bond.

WZP – Plea negotiation after client charged with common assault

Police charged our client with two counts of common assault and was under threat of an AVO after an extended altercation with his partner. We represented WZP in a successful plea negotiation which resulted in all but one of the common assault charges withdrawn.

* we change names in these case studies to protect the identity of our clients

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