Love\Accused of Domestic Violence? What to do if this happens to you.
Domestic Violence is a serious crime. The toll on its victims, families and any children witness to it is a very real and significant one. The impact often reaches beyond physical harm, having the potential to destroy lives. To be charged with such an offence can ruin reputations, impact careers and destroy relationships between family and friends. The falsely accused could even end up imprisoned.
It’s no wonder then that it can be extremely distressing to be falsely accused of domestic violence. Yet false accusations of domestic violence happen every day.
AVO’s are often unnecessary
Loved ones of the accused, both past and present, family members, spouses and siblings are often the ones who make false claims of domestic violence. Often these accusations include exaggerations of the truth and, in some cases, even outright lies. The motivation of the accusing person making such allegations being to manipulate you or the court system for personal gain. For example, during a custody case, a spouse may falsely claim that their partner was guilty of committing a domestic violence offence against them in order to swing the outcomes in court to their favour.
Where there are claims of domestic violence made, an Apprehended Violence Order (AVO) is often put in place in order to protect the victim. Unfortunately, AVOs are over used and often highly unnecessary. Having an AVO placed against you can have serious repercussions such as limiting access to your place of work, your home and/or contact with your family and friends.
Furthermore, the police will charge you with a violent crime if satisfied there is enough evidence domestic violence took place.
As such, please seek legal advice immediately if you have been accused or charged with domestic violence.
Get in touch with our Sydney Criminal Lawyers at Australian Criminal Law Group
We work tirelessly to defend our clients against false accusations and charges relating to domestic violence across Sydney.
Australian Criminal Law Group are based in Sydney, Parramatta and Blacktown and represent clients from across the broader Sydney area. If you need further representation or advice, make a website enquiry here or call our free 24/7 hotline on (02) 8815 8167.
What is Domestic Violence?
Domestic Violence is a personal violence offence committed by one person to another person with whom they are considered to be in a ‘domestic relationship’ with. This may include allegations of assault, property damage, intimidation, stalking or harassing and any breach of an apprehended violence order (AVO).
There no specific offence for ‘domestic violence’ in NSW, however, the courts and legislation still consideres domestic violence a crime. Accusations of domestic violence can lead to being charged with a criminal offense.
Such criminal offences include;
- Common assault
- Stalking and intimidating
- Contravene apprehended violence order (AVO)
- Assault occasioning actual bodily harm
- Wounding with intent to cause grievous bodily harm
- Recklessly causing grievous bodily harm
- Recklessly wounding
What is a ‘domestic relationship’
The law considers you to be in a ‘domestic relationship’ if married to the other person. It also includes past and present de-fatco relationships, intimate personal relationships, and housemates.
The law also considers your to be a ‘domestic relationship’ if you are related to one another, or if you have ever been dependent on that person, including paid or unpaid carrers.
It is important to note that the definition of ‘domestic relationship’ also extends to anyone who has had a domestic relationship with the same person. That is, for example, your ex-partner’s new partner, or you partner’s ex-partner. of the person you have had a past domestic relationship with.
What to do if accused or charged with Domestic Violence;
We recommend the use of a good criminal lawyer for all domestic violence charges. The sooner your criminal solicitor can start to build your defense, the better the chances of success.
You will need to provide evidence for your case to your solicitor. They will need anything that helps dispute the claims made against you. Collect all evidence in preparation for your meeting with them. This may include a list of potential witnesses or details relating to the incident in aquestions. You should also record dates, times, locations, and anything that took place. By doing this, you are less likely to miss or forget details that could help your case.
You will also need to watch what you say and do to avoid providing ammunication against you to the accuser. If possible, keep your distance from the accuser. You must also follow any AVOs in place precisely to avoid the criminal offence charge of contravened apprehended violence order.
Defending against a violence offence
Your legal team will want to prove that the claims against you are untrue.
The prosecution will need to provide enough evidence to support their claims and prove beyond reasonable doubt your guilt. Similarly, your lawyer will use evidence to undermine the claims against you. If your accuser is unable to make a believable enough case that an offence took place, you could have charges against you dropped.
Your legal representative will likely use self defence in cases where this can be argued. Often defendants have simply been acting in self-defense against a violent partner. The original attacker, then falsly accuses their partner of violence. In these cases, your legal representative will likely want to use the defense of self defense to get you the best result in court.
The test requires two ‘limbs’ to be satisfied to determine if it was self-defense.
- That you acted in self-defence if you believe your actions were necessary to
- To defend yourself or another person; or
- To prevent or terminate the unlawful deprivation of your liberty or the liberty of another person; or
- To protect property from unlawful taking, destruction, damage or interference; or
- To prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass.
- You acted reasonably in response to the circumstances as you perceived them.
Why choose Australian Criminal Law Group to Defend your Domestic Violence Charges?
Our criminal lawyers are experts at obtaining the best outcome possible for Affray offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.