Type of Allegation
Intimidation and Breach of ADVO
Client Role
Accused – 27-year-old male, partner of the complainant
Court
Background: Facing Intimidation and ADVO Breach Charges
Our client, a 27-year-old male, was charged with:
Intimidation – section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and
Contravene Apprehended Domestic Violence Order (ADVO) – section 14 of the same Act.
These offences carry serious criminal consequences, including potential imprisonment. When combined, intimidation and ADVO breach charges often result in severe restrictions on personal liberty — especially in domestic contexts.
At the time of his charges, our client was struggling with deteriorating mental health and was facing significant interpersonal conflict with his partner’s family. The breakdown in communication and emotional pressure following these experiences had taken a visible toll on his wellbeing.
Legal Strategy: Building a Case for Diversion Under Section 14
Identifying Mental Health Factors
After detailed consultations, it became clear that our client’s conduct occurred during a period of significant mental distress.
He had longstanding conditions including autism spectrum disorder, anxiety, and depression, which affected his ability to process conflict and communicate appropriately.
Recognising the importance of early intervention, we advised the client to re-engage with a psychologist and commence consistent treatment.
We obtained a comprehensive psychological report detailing:
His formal diagnoses of autism, anxiety, and depression.
How these conditions impaired his communication skills and emotional regulation.
The impact of ongoing conflict and pressure from his partner’s family.
Preparing for a Section 14 Application
With this material, our lawyers prepared detailed submissions seeking the matter to be dealt with under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
This legal provision allows the Court to divert defendants with a mental health impairment or cognitive condition away from the criminal justice system, provided they agree to participate in a treatment plan.
The submissions emphasised:
The connection between the client’s diagnosed conditions and the alleged behaviour.
His demonstrated willingness to comply with mental health treatment.
The community’s interest in supporting rehabilitation rather than imposing punishment.
We urged the Court to find that this was a case where a therapeutic approach would achieve far better long-term outcomes than criminal sentencing.
Court Submissions: Emphasising Treatment Over Punishment
Arguments Before Windsor Local Court
At the hearing before Windsor Local Court, Ms Morandin presented the client’s psychological report and medical evidence, arguing that the mental health diversion mechanism under section 14 was the most appropriate resolution.
She submitted that:
The client had shown insight into his behaviour and was now fully engaged with his psychologist.
A treatment-based approach under a structured plan would effectively address the underlying causes of his conduct.
The stress and external pressures from his partner’s family contributed significantly to the circumstances of the offence.
Despite opposition from police prosecutors, the Court accepted that the interests of justice were best served by diverting the matter away from criminal proceedings.
Outcome: Both Charges Dismissed Under Section 14
The Court granted the section 14 application, dismissing both the intimidation and ADVO breach charges.
✅ Both charges were dismissed under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
✅ The client was discharged without conviction, penalty, or criminal record.
✅ The Court approved a 12-month treatment plan, allowing him to continue therapy and remain supported within the community.
✅ The ADVO was also varied, despite opposition from police, enabling our client to:
Communicate with his partner for matters relating to care of their child, and
Attend her home lawfully again.
This outcome represented a complete legal and personal turnaround, allowing the client to rebuild his family relationships while addressing his mental health under professional supervision.
Understanding Section 14 Applications in NSW
How Section 14 Works
Under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), a Court can dismiss a charge if the defendant is suffering from a mental health impairment or cognitive condition and if:
The offence is linked to that impairment, and
It is more appropriate to deal with the matter through treatment rather than criminal punishment.
Instead of recording a conviction, the Court may impose conditions such as:
Compliance with a treatment plan;
Regular mental health appointments;
Avoiding further offending for a specified period (typically 12 months).
Once the treatment plan is successfully completed, the person is fully discharged without a criminal record.
This mechanism provides a fair balance between community safety and rehabilitation, acknowledging that mental health treatment is often the most effective response to underlying behavioural issues.
Tayla’s Insight
“This case shows how crucial it is for courts to look beyond the conduct and understand what drives it. When a person’s mental health is at the core of the issue, the law allows for compassion and a therapeutic solution — not punishment.”
Charged with Intimidation or Breaching an ADVO in NSW?
If you’ve been charged with intimidation, ADVO breach, or a similar domestic-related offence, and you suffer from a mental health condition, you may be eligible for a section 14 diversion.
Our experienced defence lawyers appear regularly in Windsor Local Court and courts across NSW, achieving outcomes that prioritise rehabilitation and protect our clients’ futures.
