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Domestic Violence, ADVO and AVO Case Studies
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.
*Names have been changed to protect the identity of our clients.
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AVOs / ADVOs Cases
Changed AVO conditions without notice mean police arrest man for prohibited contact with his ex-partner. We sued police for unlawful arrest and detention.
We successfully help a client revoke an ADVO that had the potential impact the ability to obtain permanent residency in Australia and travel visas.
Man avoids jail time for stalk/intimidate and contravene AVO due to his psychological state. He contacted his ex despite an apprehended violence order she had.
False imprisonment when enquiring with a Police Station George’s* partner took out a Protection Order against him in NSW.
O’Brien Solicitors settled the matter, and George received compensation for his experience and payment of his legal costs.
Apprehended Personal Violence Order (APVO) application means nothing until court confirms it. We sued the police when they arrest our client on basis of APVO application
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case study.
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
See this Plea negotiation for contravening AVO case here
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.
Read the case here.
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.
Read the case here.
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.
Read the case here.
Domestic Violence Cases
Breach of the peace used by Campbelltown Local Area Command police in removing participants in domestic arguments, resulting in unlawful arrest imprisonment.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case study here
Charged with common assault & contravening AVO. A hearing at Parramatta Local Court resulted in withdrawal of the charges after a deal with Police Prosecutor.
Read the case here.
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.
Read the case study here.
Charged with common assault & contravening AVO. A hearing at Parramatta Local Court resulted in withdrawal of the charges after a deal with Police Prosecutor.
Read the case here.
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.
Read the case here.
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.
Read the case here.
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.
Read the case study here.
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.
Read the case study here.
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.
See the plea negotiation after client charged with common assault case study here.
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.
Read the case study here.
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