Domestic assault, common assault, Section 61 Crimes Act 1900 – Breach domestic violence order, Section 14(1) Crimes (Domestic and Personal Violence) Act 2007 – contravene prohibition or restriction apprehended domestic violence
Facts: ADVO and assault
BQL was in an abusive relationship with the father of her children. She also had significant difficulties with alcohol abuse. She had accumulated a large number of charges due to her aggressive behaviour whilst intoxicated. Additionally, she had been placed on an apprehended domestic violence order. Consequently, this precluded her from being within the family home whilst intoxicated.
After an incident involving her partner, Police arrived finding BQL intoxicated. Her partner alleged that she had assaulted him. BQL pleaded guilty to the breach of the apprehended domestic violence order. She accepted that she had been intoxicated whilst in the family home. However, insisted that she had not assaulted the partner.
Outcome: Guilty plea leads to good behaviour bond
After a hearing within the Local Court, the Magistrate was unable to accept on the criminal standard that BQL had assaulted her partner. A plea of guilty for the breach of the apprehended violence order resulted in a good behaviour bond of 12 months. The Magistrate took into account:
- the estranged nature of the relationship,
- previous abuse upon her by her partner within the relationship
- and her significant difficulties with alcohol abuse and mental health disorders.
Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with an experienced Sydney AVO lawyer.
