Case Study: Domestic Violence Charges and ADVO Dismissed at Liverpool Local Court
At National Criminal Lawyers®, we know how devastating it can be to face allegations of domestic violence. These matters can carry serious criminal penalties, the imposition of restrictive Apprehended Domestic Violence Orders (ADVOs), and lasting personal consequences.
In one recent case, our client was charged with common assault (domestic violence related) and contravene AVO, with police strongly opposing bail.
Through strategic preparation, detailed case analysis, and targeted negotiations, we were able to secure the withdrawal of all charges and the complete dismissal of the ADVO at Liverpool Local Court.
Background of the Relationship and ADVO
Our client had been in an intimate relationship with the complainant since February 2024. The pair did not live together and had no children in common.
On 13 March 2024, an ADVO was granted naming our client as the defendant and the complainant as the protected person. The order included the standard conditions, prohibiting assault, threats, stalking, harassment, or intimidation. Condition 4 stating that our client must not approach or be in the company of the protected persons for at least 12 hours after consuming alcohol or illicit drugs.
These conditions meant that any alleged breach could form the basis for a contravene AVO charge, which in NSW carries a maximum penalty of two years imprisonment and/or a fine of up to 50 penalty units.
Alleged Incident on 5 October 2024
Police alleged that just after 1am on Saturday 5 October 2024, our client and the complainant were at the complainant’s home in Hinchinbrook. They had been drinking alcohol together in the lounge room.
According to police, the complainant fell asleep at some point during the night. While she was asleep, our client allegedly went through her mobile phone and discovered messages which he believed indicated she had been unfaithful.
Police alleged that our client woke the complainant and confronted her about the messages. They said the verbal exchange escalated quickly and that, without warning, our client closed the gap between them, used both hands to grab the complainant by the back of the head and shirt, and threw her against the wall. The complainant’s head allegedly struck the wall, causing immediate pain to her forehead, and she fell to the ground.
The complainant’s biological daughter reportedly came out of her room and observed her mother on the floor, while our client was verbally abusing her. Police alleged that our client then grabbed items from the residence and fled the scene.
Police Version of the Second Alleged Incident
Police further alleged that after leaving the property, our client realised he had left his dog inside the residence and returned to collect it. The complainant allegedly attempted to close the door on him, but police claimed our client forced the door open by pushing his shoulder against it, causing her to fall to the ground. Once inside, it was alleged he collected the dog and took two alcoholic beverages (one Wild Turkey and one Jack Daniels) from the fridge before leaving again.
Charges Laid and Bail Refused
Our client was located by police after his vehicle was found abandoned nearby. He agreed to participate in an electronically recorded interview, in which he denied consuming alcohol before the incident. His account was generally consistent with the complainant’s but disputed the assault allegations.
Police charged our client with Common Assault, contrary to section 61 of the Crimes Act 1900 (NSW) (Sequence 1), and Contravene Apprehended Violence Order, contrary to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (Sequence 2).
On 6 October 2024, bail was refused for four key reasons:
- The nature and seriousness of the alleged offences.
- The strength of the prosecution case, including the complainant’s statement.
- The criminal history of our client.
- An alleged unacceptable risk that he would commit a further serious offence if released.
For anyone facing similar circumstances, immediate representation by an experienced bail refusal lawyer can make the difference between months in custody and release pending trial.
National Criminal Lawyers® Defence Strategy
Once engaged, our domestic violence lawyers and common assault lawyers conducted a comprehensive review of the evidence.
This included analysing the complainant’s statement and the statement of her daughter for internal inconsistencies, reviewing body-worn video footage from attending police officers, examining our client’s recorded interview for consistency with objective evidence and finally, assessing whether the alleged breaches of the AVO could be proved beyond reasonable doubt.
We identified evidentiary gaps in the prosecution case, including the absence of medical evidence to support the claimed injuries and the lack of independent corroboration for key allegations.
Through strategic and persistent negotiations with the NSW Police Prosecutor, we highlighted these weaknesses and the risks of proceeding to a defended hearing. The prosecution ultimately conceded that the case could not be proven to the criminal standard.
Outcome at Liverpool Local Court
On 7 August 2025, our Senior Associate, Mr Stern, appeared before Magistrate Blunt at Liverpool Local Court for the scheduled hearing. The police formally withdrew both the common assault and contravene AVO charges.
The ADVO naming our client as the defendant and the complainant as the protected person was also withdrawn and dismissed. Our client walked away with no conviction, no restrictions, and no criminal record arising from these allegations.
Lessons from This Case
This case demonstrates several important points for anyone accused of domestic violence offences in NSW, namely that allegations alone do not constitute proof, particularly when an experienced domestic violence lawyer can identify weaknesses in the police case and use them to your advantage.
Also, strategic negotiations can result in charges being withdrawn before a hearing, saving time, money, and stress. Early legal intervention is essential, especially where bail has been refused.
Contact National Criminal Lawyers® Today
If you are facing allegations of common assault, contravene AVO, or any domestic violence offence in Sydney, Liverpool, or anywhere in NSW, you need a skilled legal team on your side.
At National Criminal Lawyers®, we have a proven record of achieving outstanding results, from securing bail in difficult cases to having serious charges withdrawn entirely.
Call us now on 1800 CRIM LAW to arrange a free initial consultation with one of our senior criminal defence lawyers.
We will fight for your rights, protect your reputation, and work tirelessly to achieve the best possible outcome for your case.
See the court order below…
