Domestic Violence Defence
Leeds Lawyers offer clients throughout Sydney assistance with Apprehended Domestic Violence Orders (ADVO) and allegations of domestic related offences. Domestic violence offences have the potential to have a major impact on your life and family. We are here to assist with this challenging process.
Defending You and Your Family
ADVO’s are often linked to the breakdown of a relationship and have implications on parenting matters. Leeds Lawyers are exclusively dedicated to crime and family law which gives us an advantage in advising and achieving results for our clients. Speak to us today to find out how we can help you challenge an ADVO which is unjust or based on fabricated grounds.
When charged with a Domestic Violence Offence, the Police will automatically apply for an Apprehended Domestic Violence Order (ADVO). The grounds for the ADVO typically follow the allegation in the Police Facts Sheet.
If you successfully defend the charge, the Court may still make the ADVO in circumstances where they are satisfied the Person In Need of Protection (PINOP) is fearful of their safety.
In some circumstances, the Police may make an application for an ADVO without pressing any charges. You can still challenge the ADVO and the onus is on the prosecution to prove the allegations on the balance of probabilities, this is a lower threshold than beyond reasonable doubt.
The process for challenging an ADVO takes place in the Local Court as follows:
- Inform the court that the ADVO is contested and a timetable for the filing of documents is set down.
- The matter returns for a compliance check. If the parties have complied the matter is listed for hearing.
- The matter proceeds to hearing, the statements are tendered and the authors can be cross examined.
In the current climate, the Police have a lack of discretion when responding to an allegation of family violence. Many of our clients often feel that the conditions sought in a Provisional ADVO are unjust. We can assist you in negotiating with or challenging the prosecution to remove such conditions.
It is important to receive legal advice from a lawyer in this field before accepting the conditions of an ADVO which has the potential to affect family law issues or proceedings.
After receiving advice, you may choose to consent to an ADVO on a without admissions basis. This means you agree to be subject to the conditions, but the grounds of the ADVO are not proven nor can be relied upon as evidence.
An ADVO will not result in a criminal history, but a proven or admitted breach may potentially result in a conviction.
If a breach is admitted or proved the offence is punishable by a fine of up to $5,500.00 and a period of imprisonment of up to two years for a single offence.
If you are successfully found not guilty, no penalty applies.
Upon conviction, the Court may impose the following penalties:
- Conditional Release Order (CRO) – A non-conviction without penalty which is usually accompanied with a condition to be of good behaviour for a period of time. If a CRO is breached, the offender may be resentenced on the prior offence and receive a harsher outcome.
- Fine – A criminal conviction with a monetary penalty.
- Community Corrections Order (CCO) – A criminal conviction with a bond to be of good behaviour and any other Order the Court deems fit including a Community Service work component.
- Intensive Corrections Order (ICO) – A custodial sentence which the offender serves in the community and is subject to the supervision of Probation & Parole. It may include a home detention or a Community Service Work component. Breaches of an ICO are dealt with very seriously and are determined by the State Parole Authority.
- Full Time Imprisonment – Incarceration in a prison away from the community with a set non parole period.
Why Leeds Lawyers?
- You deal directly with our experienced Principal Solicitor from start to successful completion.
- We have built a reputation on achieving exceptional results.
- Each matter is our priority and we ensure that it is thoroughly prepared.
- You are kept informed every step of the way.
- We become personally invested in your case because we know how important it is to you and your loved ones.
- We offer fixed priced services for most criminal law matters.
- We have built working relationships with other solicitors and the Police which results in more effective negotiations.
Do I Need a Lawyer?
If you are concerned about the ramifications of an ADVO, a criminal conviction or the potential of a serious penalty including imprisonment, it is recommended that you consult with an experienced lawyer. Leeds Lawyers will guide you through this sensitive situation and achieve the optimal outcome from the legal process.
Family Law
