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Assault Charge and Apprehended Domestic Violence Order Dropped

RELATED TO: Common Assault, Apprehended Violence Orders (AVOs), Assault Charges, Penalties for Criminal Offences, NSW Penalties for Criminal Offences
CRIMINAL CASE

Our client is a 28-year-old permanent resident who lives in Sydney’s Northern Suburbs.

He was accused of choking his long-term female partner after an argument escalated into a physical altercation. The police were called to the residence by a neighbour due as a result of the arguing and screams.

Police attended the scene and took statements from both parties, however they neglected to take statements from the neighbours despite one of them having called 000 and explained what she had heard.

Police charged our client with common assault and applied for an Apprehended Domestic Violence Order (ADVO) against him.

A brief of evidence was served upon our office containing the statements from the complainant and our client, but it did not contain any independent witness statements despite our client telling police at the time that his partner had assaulted him and asking them to make enquiries with the neighbours.

We wrote ‘representations’ (a formal letter) to police explaining that the evidence was insufficient support either the criminal charge or the ADVO. We foreshadowed an application for costs against police in the event they pursued the matter further.

As a result of the representations and ensuing negotiations, police complied with our request and withdrew both the criminal charge and the ADVO.

Our client and his partner remain in a committed relationship and are free to get on with their lives.

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