Domestic Violence Lawyers Parramatta
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Parramatta Domestic Violence And AVOs
What is a Domestic Violence offence?
Domestic violence is defined as any offence committed by a person against a member of the family with whom the person shares or has shared a domestic relationship. This is contained in the Crimes (Personal and Domestic Violence) Act 2007.
What is a Domestic Relationship?
A domestic relationship includes:
- Family members (including children) even if they don’t live with the offender
- Wives, ex-wives, husbands, ex-husbands, partners, ex-partners etc
Types of Domestic Violence offence and penalties?
- Common Assault (dv related) – The maximum penalty for common assault domestic violence related is a term of imprisonment of 2 years.
- Assault Occasioning Actual Bodily Harm (dv related) – The maximum penalty for Assault Occasioning Bodily Harm domestic violence related is 5 years imprisonment, although there is a jurisdictional limit in the Local Court of 2 years gaol.
- Stalk and./or Intimidation intent to cause fear (dv related) – The maximum penalty for stalk and/or intimidate is 5 years prison. However, in the Local Court, the maximum penalty is 2 years imprisonment or a fine of $5,500. The prosecution must also prove that the offender had the intention to cause mental or physical harm.
- Reckless Wounding (dv related) – Reckless Wounding carries a maximum penalty of 7 years imprisonment. If the offence was committed while in company of another person and involved grievous bodily harm, the maximum penalty increases to 14 years gaol.
- Malicious Damage of Property – The maximum penalty for malicious damage will depends on the value of the property and which court the case it is heard in. In the Local Court, if the property was worth more than $5,000, the maximum sentence is up to 24 months imprisonment, and/or a fine of up to $11,000. However, if the property that was destroyed or damaged was valued at less than $5,000, the maximum penalty is 12 months imprisonment, and/or a fine of up to $5,500. If the property is valued at less than $2,000, the maximum penalty becomes a $2,200 fine.
How to beat Domestic Violence Offence?
Our Parramatta Domestic Violence Lawyers can negotiate with the police to have the charges withdrawn or downgraded. This is through a process of writing “representations” to the police. If the representations are unsuccessful, the case may proceed to a “hearing date” where one of our Parramatta Domestic Violence Lawyers will defend you against your domestic violence charge.
Our Parramatta Domestic Violence Lawyers can assist if you’re facing allegations of domestic violence. We specialise in Domestic Violence Offences and will assist each step of the way. Our Parramatta Domestic Violence Lawyers are committed to providing effective representation to protect you and your loved ones. Contact us today!
Parramatta Criminal Lawyers Domestic Violence
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Parramatta Domestic Violence Lawyer
Parramatta Domestic Violence Lawyers
First time domestic violence chargeA first-time domestic violence charge is a serious legal matter involving alleged physical, emotional, or verbal abuse within a domestic setting. It can lead to legal consequences such as restraining orders, fines, or even imprisonment. Seeking professional help, such as counseling or legal advice, is crucial to address underlying issues and navigate the legal process. Our Domestic Violence Lawyers Parramatta will assist you in obtaining the best possible result for your matter.
What happens when you get a domestic violence charge?
If you or someone you know has been charged with a domestic violence charge you will be required to attend court at a future date at Parramatta. The police will also take out an AVO protecting the alleged victim. Our Criminal Lawyers in Parramatta appear daily at Parramatta Local Court and will assist you through this process.
Can a victim contact the defendant?
While a victim of domestic violence can contact the defendant, caution is advised, especially if there’s an AVO or strict bail conditions. Seeking advice from a family violence lawyer before reaching out is crucial. Victims should avoid contact in certain circumstances to prevent legal repercussions. If both parties seek assistance, a conflict of interest arises, and independent lawyers can be referred for appropriate representation.
I have been charged with a domestic violence order; can I return home?
If you’ve been charged with domestic violence, your ability to return home depends on several factors, including any court orders or conditions imposed. If there is a restraining order (such as an Apprehended Violence Order or AVO), bail conditions, or other legal restrictions, returning home may not be allowed. It’s essential to consult with our criminal lawyers in Parramatta to understand the specific terms of your situation and any legal limitations on your movements. Violating court orders can lead to more serious consequences.
What are some examples of family violence?
Family violence encompasses various forms of abuse within familial or domestic relationships. Examples include physical violence, emotional or psychological abuse, financial control, verbal threats, isolation, intimidation, sexual assault, and coercive control. Recognizing these patterns is crucial for intervention and seeking help.
Our Parramatta Domestic Violence Lawyers can assist if you’re facing allegations of domestic violence. We specialise in Domestic Violence Offences and will assist each step of the way. Our Parramatta Domestic Violence Lawyers are committed to providing effective representation to protect you and your loved ones. Contact us today!
Parramatta AVOs
Apprehended Violence Orders (AVO )
When a person is served with an AVO, they will be required to attend court. At the first court date, the person will advise whether they consent to a final AVO or oppose the application.
If you or someone you know has been served with an AVO it is important to obtain legal advice from one of our experienced and specialised Domestic Violence and AVO lawyers.
We will:
- Appear on your behalf before the Presiding Magistrate; or
- Defend the AVO; or
- Consent to the AVO without admissions.
By having a criminal lawyer from our Parramatta team, it will ensure you get the best result for your case. We understand that attending court can be a stressful experience and we will do our best to make sure you are protected throughout the proceedings.
Our Parramatta AVOs team of specialised lawyers will always protect you and ensure your case is presented extremely well. Our team of lawyers are available and ready to be contact today!
Apprehended Violence Orders (AVO)
The most difficult parts of being served with an AVO is at times the conditions that the orders have in place with it. These conditions could include “no contact with your children” and/or not returning to your family home.
At Criminal Lawyers Group, we understand the difficulty of going through this experience and will ensure we have you have on your feet swiftly. We understand the unfair process of being accused of something you did not do and will strive to get you the best possible result.
Our team of Domestic Violence and AVO lawyers will guide you through this time and explain the process to get the AVO dismissed. It all starts with a Free Consultation today with one of our specialised Domestic Violence Lawyers today.
AVOS
Conditions of an AVOConditions of an AVO are in two categories.
Firstly, all AVO’s have a standard set of conditions that prohibit you from:
- Assaulting, threating, molesting, harassing a protected person
- Stalking or intimidating a protected person
- Intentionally or reckless destroying or damaging any property of the protected person.
Secondly, in addition to these conditions, there is discretion to include further conditions such as:
- Prohibiting you from being in the company of the protected person within 12 hours of consuming illicit drugs or alcohol
- Prohibiting you from attending the workplace or home of the protected person or even approaching them.
These conditions do not have to be accepted. Our team of lawyers are experienced in negotiating with the police to remove conditions that are not necessary.
Types of AVOs
There are two types of Apprehended Violence Orders (AVOs).
- Apprehended Domestic Violence orders (ADVO’s); and
- Apprehended Personal Violence Orders (APVO’s)
The main difference between the two is contingent upon the type of relationship between the parties.
Where a person has a domestic relationship I.e., partners, children, etc an ADVO will be served. However, where there is a violence by another person such as a neighbour or co-worker then an APVO will be served.
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Frequently Asked Questions
A ‘PINOP’ stands for a Person In Need of Protection.
The standard duration of an AVO ranges from 6months to 2 years. However, this can be extended to up to 5 years in some circumstances. Further, when the AVO is due to expire an application can be made to have the orders continued for a further period of time.
Yes, our lawyers can negotiate with the police to vary your AVO conditions.
Yes, at Criminal Lawyers Group, we offer free consultations to all potential clients. Contact us today to schedule your consultation.
No, an AVO is civil in nature, however, a breach of an AVO is a criminal matter. Further, there are consequences of accepting an AVO which could impact you such as not being able to own a firearm.
No, an AVO is civil in nature, however, a breach of an AVO is a criminal matter. Further, there are consequences of accepting an AVO which could impact you such as not being able to own a firearm.
Please contact us if you cannot find an answer to your question.