Domestic violence related common assault / AVO breach: Police v FDN

Apprehended violence order breach charge following common assault

AVO / AVDO lawyersPolice charged FDN with common assault (domestic violence related) and subjected to an apprehended violence order in relation to that matter. Amazingly, it was on the following day police laid charges of an AVO breach of the order placed just the night before. Here is that story.

FDN lived with his mother, and she made accusations of him violently threatening her during the course of an argument.

Police arrested him in relation to the matter, and they served him with the AVO. Police released FDN from the police station after midnight. However, with nowhere else to go, he returned to his mother’s place to sleep. Police arrested him the next morning for breach of the AVO. In order to stop FDN from breaching bail again, police refused bail.

AVO breach plea of guilty

By the time that FDN’s matter came to trial, the prosecution withdrew the charge of common assault against FDN due to the weakness of the evidence, as demonstrated by the defence in its representations to the prosecution. FDN plead guilty to the unarguable breach of the AVO. During sentencing the defence argued that FDN unconscionably faced the choice of breaching the AVO or homelessness.

On the strength of the submissions, FDN was sentenced to the time already served in custody, and a six-month good behaviour bond.

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

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