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Our 55-year-old client was charged with a domestic violence following a physical altercationwith her then husband at their home. After police arrived to their home, our client was arrested and charged with Common Assault (DV related) and was served with an Apprehended Domestic Violence Order (ADVO) for the protection of the complainant.
Our client, who had never previously been in trouble with the Police, was distraught after being charged despite giving Police her version of events.
Common Assault is an offence under section 61 of the Crimes Act 1900 whereby the maximum penalties include a term of imprisonment of 2 years and/or a fine of $5500. As a result of the charge, our client lost her job which required an unblemished criminal record, and the ADVO would also derail her chances of returning to her industry. Our client contacted our CDLA Sydney office, and following a free consultation with our senior lawyer Bashir El Kheir instructed us to commence preparation on her case with a focus on trying to negotiate to get the charges dropped and dismissed. A plea of not guilty was entered to the charge and a hearing date was fixed at the Newcastle Local Court.
In an effort to resolve the matter at an earlier stage, our Bashir drafted and submitted ‘legal representations’ to the NSW Police seeking an early withdrawal of the ADVO and common assault charge. As part of the representations, Bashir indicated to the Police the weaknesses in their evidence, and with the support of evidence, pointed out that in reality, our client is the victim of the domestic violence incident at the hands of the complainant. Our Bashir placed the Police on notice that should the matter proceed to a defended hearing which results in a finding of not guilty, that we will be seeking an award of costs for our client’s legal fees.
Following ongoing negotiations leading up to the hearing date, the NSW Police eventually accepted to withdraw the the common assault charge on the condition that our client accept the AVO. We rejected this proposition on behalf of our client and confirmed our initial position to seek the withdrawal of both the AVO and the charge.
On the morning of the hearing, following further negotiations with the Police prosecutor, the NSW Police agreed to withdraw their entire case without proceeding to a hearing. Our client was overwhelmed with joy following this outcome as she can move on in life with her record remaining unblemished, and without the burden of an ADVO against her. This outcome was achieved by convincing legal representations prepared and submitted by our Bashir, and the unwavering defence on behalf of our clients.
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