Type of Allegation
Domestic Violence
Client Role
Accused – middle-aged father and academic
Court
Background: Common Assault Charge and ADVO
Our client, a middle-aged father and academic, was charged with Common Assault under section 61 of the Crimes Act 1900 (NSW).
He was also served with an Apprehended Domestic Violence Order (ADVO).
The matter was domestic violence related and carried serious personal and professional consequences. Although Common Assault is often described as a less serious assault charge compared with offences involving injury, it can still have major consequences if a conviction or final ADVO is imposed.
For our client, the risk was particularly significant. He was concerned that any criminal conviction or court order could impact his visa, employment, academic career, and future opportunities.
From the beginning, he maintained his innocence and instructed that he wanted to defend the matter.
The Charge Against the Client
Common Assault
The client was charged with Common Assault under section 61 of the Crimes Act 1900 (NSW).
Common Assault carries a maximum penalty of 5 years’ imprisonment and/or a fine of 50 penalty units. In a domestic violence context, it is often accompanied by an ADVO, which can impose restrictions on contact, residence, communication, and family arrangements.
For anyone facing domestic violence charges in NSW, it is critical to understand that the criminal charge and the ADVO can have separate but overlapping consequences.
Even where a person avoids a conviction, an ADVO may still remain in place unless it is negotiated, contested, or withdrawn.
Client’s Main Concern: Protecting His Visa and Clean Record
The client made it clear that maintaining a clean criminal record was of the utmost importance.
As an academic and father, he was concerned about:
- The impact of a criminal conviction
- The impact of an ADVO
- Possible visa consequences
- Professional consequences
- Reputational harm
- Family disruption
This meant the defence strategy had to focus on resolving both the criminal charge and the ADVO, not merely limiting the penalty.
The goal was to avoid any outcome that could leave a criminal record or ongoing court order against him.
Key Issue: The Complainant Did Not Support the Charge
Complainant’s Position
A key feature of the case was that the complainant was not supportive of the client being charged.
The complainant had expressed her views to police. However, police did not initially accept those views or resolve the matter on that basis.
This is not uncommon in domestic violence matters. Police may continue proceedings even where the complainant does not support the charge or does not want the matter to proceed.
That is why legal representations can be important. They allow the defence to identify weaknesses in the prosecution case and propose a practical resolution before the matter proceeds to hearing.
Legal Strategy: Attempting to Resolve the Matter by Representations
What Legal Representations Involved
Australian Law Advocates attempted to resolve the matter by way of legal representations.
Legal representations are written submissions to police or prosecution that explain why a charge should be withdrawn, amended, or resolved in a particular way.
In this case, the representations outlined the deficiencies in the police case and proposed a resolution that would avoid the need for a defended hearing.
Our office initially sought the withdrawal of the criminal charge in exchange for the client accepting the ADVO.
This was a strategic attempt to avoid a criminal record while resolving the matter efficiently.
However, that proposed resolution was rejected.
Preparing the Matter for a Defended Hearing
Client Maintained His Innocence
After the initial resolution proposal was rejected, the client maintained that he wanted to defend the matter.
Australian Law Advocates prepared the case for a defended hearing in Burwood Local Court.
Preparing for a defended hearing required:
- Reviewing the police evidence
- Assessing the strength of the complainant’s account
- Considering the evidentiary weaknesses in the prosecution case
- Preparing the client for the court process
- Preparing to challenge the charge and associated ADVO
This preparation was essential. Even though the matter ultimately resolved before hearing, the defence had to be ready to contest the case if police refused to withdraw it.
This is similar to other Australian Law Advocates matters where preparation for hearing was decisive, including Not Guilty Verdict Secured in Domestic Violence Assault Case – Liverpool Local Court and Not Guilty Verdict Secured for Assault Occasioning Actual Bodily Harm – Belmont Local Court.
Turning Point: Police Reconsidered Before Hearing
Original Resolution Revisited
Before the hearing date, our office spoke with police again.
Police confirmed they would now be willing to accept the resolution that had originally been proposed: withdrawal of the criminal charge if the client accepted the ADVO.
However, by that stage, the client was no longer willing to accept that outcome.
His position had strengthened, and he did not want to accept any ongoing court order if the criminal allegation itself was not supported.
This meant the defence needed to continue negotiating for a better outcome.
Final Negotiation: Entire Matter Withdrawn
Charge and ADVO Both Withdrawn
Noting the client’s position, Australian Law Advocates continued negotiations with police.
The result was significantly better than the original offer.
Police agreed to withdraw the entire matter.
This meant:
- The Common Assault charge was withdrawn
- The ADVO was withdrawn
- The matter resolved without proceeding to a defended hearing
- The client avoided a criminal record
- The client avoided ongoing ADVO restrictions
This was the ideal outcome for the client, particularly given his concerns about his visa, professional reputation, academic career, and clean record.
Outcome: Criminal Charge and ADVO Withdrawn
The result was a complete withdrawal of the proceedings.
✅ The Common Assault charge was withdrawn
✅ The Apprehended Domestic Violence Order was withdrawn
✅ The matter did not proceed to hearing
✅ No conviction was recorded
✅ No final ADVO was imposed
✅ The client protected his clean criminal record and avoided the court orders he was concerned about
This outcome allowed the client to move forward without the stigma or legal consequences of a domestic violence finding.
Why This Case Matters
This case demonstrates the importance of persistence in domestic violence defence.
The first negotiation attempt was rejected. A later compromise was offered. However, because the client maintained his innocence and the defence was prepared to proceed to hearing, Australian Law Advocates was able to negotiate a complete withdrawal of both the criminal charge and ADVO.
Domestic violence matters can shift significantly between first mention and hearing. Police positions may change, complainant views may become more relevant, and weaknesses in the evidence may become harder for the prosecution to ignore.
For similar outcomes, see Australian Law Advocates’ domestic violence case results and broader criminal defence results.
Understanding ADVOs and Criminal Charges in NSW
Why Both Parts of the Case Matter
In domestic violence matters, there are often two separate issues before the Court:
- The criminal charge
- The associated ADVO
Resolving one does not automatically resolve the other.
A person may have a criminal charge withdrawn but still face an ADVO. Alternatively, a person may accept an ADVO without admissions while continuing to defend the charge.
In this case, the client’s concern was broader than just avoiding a conviction. He wanted to avoid any final court order that may have affected his future.
That is why the withdrawal of both the charge and the ADVO was such an important result.
Related Domestic Violence and Assault Case Results
These related Australian Law Advocates case studies may assist readers facing similar allegations:
- False Domestic Violence Assault Charge Dismissed and Legal Costs Awarded – Campbelltown Local Court
- False Reckless Wounding Charge and ADVO Dismissed Before Hearing – Waverley Local Court
- Windsor Police Convinced to Withdraw Apprehended Domestic Violence Order After False Complaints Exposed
- Successful Self Defence Argument Led to Not Guilty Outcome for Domestic Violence in Mt Druitt Local Court
- Multiple Domestic Violence and Property Charges Defended Successfully in Burwood Local Court
- Not Guilty Verdict Secured in Domestic Violence Assault Case – Liverpool Local Court
Tayla’s Insight
“This case shows why it is often worth preparing a matter properly rather than accepting the first offer. When the evidence is weak and the client maintains their innocence, continued negotiation can lead to a complete withdrawal.”
Facing a Common Assault or ADVO Matter in NSW?
If you have been charged with Common Assault or served with an Apprehended Domestic Violence Order, early legal advice is essential.
The team at Australian Law Advocates regularly defends clients facing domestic violence charges in NSW and assault charges in Local Courts across NSW.
Book a free consultation to discuss your options.
