Domestic violence – Assault – AVO – Section 10 non conviction
Our client was charged with common assault and received a non conviction under section 10 with a provisional apprehended domestic violence order against him after he came home from work and kicked his boyfriend’s head with his foot whilst he was laying on the ground and refused to get up to go to the gym at our client’s request. Following a heated argument, the boyfriend was then stopped by our client from leaving the unit causing fear in the boyfriend who later reported the incident to police.
The police arrested our client who had never before been in this situation and so voluntarily gave a recorded interview with police making un-necessary admissions which strengthened the police case to a point our client was left with no other option but to plead guilty. Had he received the benefit of advice from an experienced criminal lawyer beforehand, he would not have given this interview giving him more options.
After being arrested and giving an interview, our client attended our office and received on the spot advice that was detailed and easy to understand from our team of highly experienced specialist assault lawyers. We guided him in obtaining excellent references, including one from his partner, the victim. We further guided him in seeing a psychologist and obtaining an exceptional psychologist report which showed he is now on treatment and unlikely to re-offend.
Our highly experienced specialist lawyer Mr. J Singh even went as far as negotiating with the police prosecutor on the morning of court and changing the police facts to read something far more favourable to our client’s case. Further references in the police facts referring to allegations of past aggressive behaviour were deleted. The effect of all these efforts added up and placed our client in the best position to get the section 10 under the Crimes (Sentencing Procedure) Act. Our client walked away without receiving a criminal record which would have been devastating to his career as a marketing manager required to travel overseas 4 to 5 times a year. The police were ultimately convinced to withdraw the AVO.
It is critical to hire a well respected and highly experienced lawyer who specialises in assault charges and AVO’s to secure that your rights and future are protected by a specialist lawyer who will go that extra mile to maximise your chances of getting the best result possible.