Common Assault Charge and ADVO Withdrawn and Dismissed at Burwood Local Court
National Criminal Lawyers® Secures Complete Dismissal Following Pre-Hearing Defence Advocacy
Being charged with a domestic violence offence can have immediate and serious consequences. A person may find themselves simultaneously defending a criminal charge and responding to an application for an Apprehended Domestic Violence Order (ADVO), with potential consequences for their reputation, employment, family relationships and future.
National Criminal Lawyers® recently represented a client charged with Common Assault (Domestic Violence Related) at Burwood Local Court. In addition to the criminal charge, our client was also the defendant in an application by NSW Police for an Apprehended Domestic Violence Order (‘ADVO’).
The matter ultimately produced an excellent result for our client. Too see how our best criminal lawyers in Sydney achieved similar results for this charge, click here.
On 25 August 2026, following preparation for a defended hearing and pre-hearing engagement with the prosecution, the common assault charge was withdrawn and dismissed. Significantly, the associated ADVO application was also withdrawn and dismissed.
Our client therefore walked away from the proceedings without a conviction for the common assault allegation and without a final ADVO arising from the proceedings. The formal Court orders record the criminal charge as “Dismissed – Withdrawn” and separately confirm that the application for the apprehended violence order was “withdrawn and dismissed.”
The result demonstrates the importance of careful preparation, forensic analysis of the prosecution case and effective pre-hearing advocacy by experienced Sydney Criminal Lawyers.
The Common Assault Allegations
Our client, a successful optometrist was charged stemming from allegations an intimate domestic relationship. According to the police case, our client and the complainant had been in a relationship for approximately four years and were living together.
Police alleged that an argument occurred after our client had made plans to see friends. During the argument, it was alleged that our client took the complainant’s mobile telephone. Police further alleged that when the complainant attempted to retrieve the phone, our client pushed and punched her backwards with an open palm on two occasions. It was also alleged that our client later pushed the complainant away from a bedroom door before locking himself in the room with the telephone.
The matter was subsequently reported to NSW Police and our client was charged with Common Assault (DV) contrary to section 61 of the Crimes Act 1900 (NSW).
Importantly, these remained allegations against our client. A police facts sheet does not establish guilt. Like every person accused of a criminal offence, our client was entitled to require the prosecution to prove each element of the charge beyond reasonable doubt.
A Police ADVO Was Also Commenced
The common assault charge was not the only proceeding our client faced.
NSW Police also commenced an application for an Apprehended Domestic Violence Order, commonly referred to as an ADVO.
Our client was therefore simultaneously dealing with two related but legally distinct proceedings: the criminal prosecution for common assault and the application for a final ADVO.
This distinction is important.
The withdrawal or dismissal of a criminal charge does not necessarily mean that an associated ADVO application will automatically be dismissed. Depending upon the circumstances, police may seek to continue an ADVO even where the related criminal charge does not proceed.
Experienced domestic violence lawyers in Sydney must therefore consider both proceedings when developing a defence strategy.
In this case, National Criminal Lawyers® prepared to address both.
The Matter Was Listed for a Defended Hearing
The common assault charge was ultimately listed for a defended hearing at Burwood Local Court on 25 August 2026.
A defended hearing is the process by which the prosecution is required to present admissible evidence and prove the criminal allegation beyond reasonable doubt.
By the time a matter reaches its defended hearing date, the prosecution must be in a position to prove its case. It is no longer sufficient for allegations simply to appear in a police facts sheet.
National Criminal Lawyers® prepared the matter on the basis that the prosecution would be required to establish the allegation according to law.
That preparation included a forensic consideration of the prosecution brief, the evidence intended to be relied upon, the circumstances surrounding the alleged physical contact and whether the prosecution had complied with its procedural obligations in preparing the matter for hearing.
Problems With the Prosecution Brief of Evidence
An important issue in the matter concerned the prosecution’s preparation for the defended hearing.
The brief of evidence identified various prosecution materials, including the police facts sheet, ADVO material and criminal history information. Importantly, the brief also identified outstanding material, including police witness statements and other evidence.
The proper service of prosecution evidence before a defended hearing can be critically important.
A person accused of a criminal offence is entitled to know the case they are required to meet. Criminal proceedings should not operate by ambush, particularly where a defendant has prepared for a defended hearing on the basis of the evidence served by the prosecution.
National Criminal Lawyers® carefully considered the state of the prosecution evidence and whether the prosecution was in a position to proceed with the case on the allocated hearing date.
The Importance of Proper Service of the Brief of Evidence
The Criminal Procedure Act 1986 (NSW) contains provisions governing the service and use of prosecution evidence in defended Local Court proceedings.
These requirements can become particularly significant where a matter reaches its hearing date but evidence upon which the prosecution intends to rely has not been served within the required timeframe.
A failure to serve evidence does not mean that every criminal charge will automatically be dismissed. Depending upon the circumstances, questions may arise concerning the use of evidence, applications for adjournments and the appropriate exercise of the Court’s discretion.
However, an accused person should not simply assume that the prosecution will automatically receive additional time whenever it is not ready to proceed.
Experienced criminal defence lawyers in Sydney should examine whether the prosecution has complied with its obligations and consider whether any attempt to delay the hearing should be opposed.
National Criminal Lawyers® Prepared to Fight the Charge
National Criminal Lawyers® prepared the matter for a defended hearing.
Mr Michael Moussa, Principal of National Criminal Lawyers®, appeared on behalf of our client and was prepared to require the prosecution to prove each element of the common assault allegation beyond reasonable doubt.
The defence preparation involved considerably more than asking whether physical contact had been alleged.
The police case alleged specific physical interactions during an argument concerning the complainant’s telephone. Had the prosecution proceeded with the hearing, the circumstances surrounding those alleged interactions would have required careful forensic examination.
The defence was prepared to scrutinise the sequence of events, the circumstances immediately preceding the alleged physical contact, the nature and extent of any alleged contact, the reliability and consistency of the prosecution evidence and whether the evidence as a whole was capable of establishing an unlawful assault beyond reasonable doubt.
National Criminal Lawyers® was also prepared to address the procedural state of the prosecution brief and protect our client’s position if further time was sought by the prosecution.
Pre-Hearing Discussions With the Prosecutor
Before the defended hearing commenced, Mr Moussa engaged with the prosecutor concerning the prosecution case and the defence position.
Those discussions occurred against the background of National Criminal Lawyers® having prepared the matter for hearing and being ready to contest the charge.
The defence position was clear: our client was prepared to defend the allegation and require the prosecution to prove its case according to law.
Effective criminal defence advocacy does not always take place after a witness enters the witness box. Important outcomes can sometimes be achieved through detailed preparation and focused discussions with the prosecution immediately before a defended hearing.
Following the pre-hearing discussions, the prosecution elected not to proceed with the common assault charge.
There was therefore no need for the defended hearing to proceed.
Common Assault Charge Withdrawn and Dismissed
The outcome of the criminal proceedings was decisive.
On 25 August 2026, the prosecution withdrew the Common Assault (Domestic Violence Related) charge against our client.
The Burwood Local Court formally recorded the result as:
“Dismissed – Withdrawn.”
For our client, this meant that there was no finding of guilt and no criminal conviction arising from the common assault charge.
The result is an important reminder that being charged by NSW Police does not mean a person has been proven guilty.
Until an accused person pleads guilty or the prosecution proves the offence according to law, the allegation remains exactly that – an allegation.
Read the Orders:
The ADVO Was Also Withdrawn and Dismissed
Importantly, the successful outcome did not end with the criminal charge.
The associated application for an Apprehended Domestic Violence Order was also dealt with at Burwood Local Court on 25 August 2026.
The formal Court order records:
“The application for an apprehended violence order is withdrawn and dismissed.”
This was particularly significant for our client.
In domestic violence proceedings, it is possible for a criminal charge to be withdrawn while police nevertheless continue seeking a final ADVO. The two proceedings are related but legally distinct.
In this case, however, both proceedings were brought to an end.
Our client was not convicted of the common assault allegation and no final ADVO was made as a result of the application.
Read the Orders:
Can Criminal Charges Be Withdrawn on the Day of Hearing?
Yes.
A criminal charge can be withdrawn even after a matter has progressed all the way to a defended hearing date.
There are many reasons why the prosecution may ultimately determine that a charge should not proceed. These can include evidentiary issues, witness availability, procedural difficulties, developments in the prosecution case or an assessment of whether there remains a proper basis to continue the prosecution.
However, defendants should not assume that charges will simply disappear on the hearing date.
Preparing a matter properly remains critical.
This case demonstrates why experienced Sydney Criminal Lawyers prepare for a defended hearing even where there may be weaknesses in the prosecution case. Being ready to proceed can place the defence in the strongest possible position when engaging with the prosecution before the hearing.
Can an ADVO Be Withdrawn and Dismissed in NSW?
Yes. An application for an ADVO can be withdrawn and dismissed in appropriate circumstances.
The outcome will depend upon the evidence, the nature of the application, the circumstances existing at the time the matter returns to Court and the position ultimately taken by the applicant or NSW Police.
A defendant should not simply assume that consenting to a final ADVO is the only available option.
Although an ADVO is not itself a criminal conviction, it can have significant practical consequences. Further, breaching an ADVO can constitute a criminal offence.
Anyone facing both a domestic violence charge and an ADVO application should therefore obtain legal advice addressing both proceedings.
Why National Criminal Lawyers® Made the Difference
The result achieved for our client demonstrates why preparation matters in criminal defence.
National Criminal Lawyers® approached the case on the basis that if the prosecution wished to continue with the common assault charge, it would be required to prove the allegation.
Our legal team considered the prosecution brief, the state of the evidence, the procedural history and the issues that would arise if the matter proceeded to a defended hearing.
Mr Moussa attended Court ready to defend the allegation and engaged directly with the prosecution before the hearing commenced.
Ultimately, the prosecution withdrew the common assault charge.
Significantly, the associated ADVO application was also withdrawn and dismissed.
For our client, the result represented a complete conclusion of both the criminal and domestic violence proceedings arising from the allegations.
Every criminal case turns upon its own facts and circumstances, and previous results do not guarantee future outcomes. However, this case demonstrates the importance of having criminal lawyers who are prepared to scrutinise the evidence, identify procedural issues, prepare for hearing and engage effectively with prosecutors in pursuit of the best available outcome.
Sydney Criminal Lawyers for Common Assault and Domestic Violence Charges
National Criminal Lawyers® regularly represents clients charged with common assault, domestic violence offences, assault occasioning actual bodily harm, intimidation and contravene ADVO offences throughout Sydney and New South Wales.
Our experienced Sydney Criminal Lawyers appear in defended hearings, sentencing proceedings, ADVO applications and other criminal proceedings in Local Courts across NSW.
National Criminal Lawyers® also regularly represents clients in Western Sydney. Clients searching for experienced Parramatta Criminal Lawyers can obtain advice and representation in matters before Parramatta Local Court and surrounding courts.
Whether a matter is being heard at Burwood Local Court, Parramatta Local Court, Downing Centre Local Court, Liverpool Local Court, Bankstown Local Court or elsewhere in New South Wales, our approach remains the same: carefully examine the prosecution case, identify the issues capable of affecting the outcome and develop a strategy tailored to the individual client.
Frequently Asked Questions About Common Assault and ADVO Proceedings
What is Common Assault in NSW?
Common assault is an offence under section 61 of the Crimes Act 1900 (NSW). The offence can arise in circumstances involving unlawful physical contact and, in certain circumstances, conduct causing another person to apprehend immediate unlawful violence.
Whether common assault can be established depends upon the particular facts and evidence in each case.
Does a Common Assault Charge Automatically Result in a Conviction?
No.
Being charged with common assault does not mean a person has been convicted. Unless an accused person pleads guilty, the prosecution must establish the offence beyond reasonable doubt.
Depending upon the circumstances, charges can also be withdrawn before a defended hearing or, as occurred in this case, on the hearing date itself.
What Happens if the Prosecution Is Not Ready for a Defended Hearing?
The prosecution may seek an adjournment, but whether an adjournment is granted will depend upon the circumstances.
The defence may oppose an adjournment having regard to matters including the procedural history, the reasons for the delay, the applicable legislation and any prejudice caused to the accused.
Anyone facing this situation should obtain advice from an experienced criminal defence lawyer about the particular circumstances of their case.
If an Assault Charge Is Withdrawn, Is the ADVO Automatically Dismissed?
No.
Criminal charges and ADVO proceedings are separate. Depending upon the circumstances, police may continue seeking a final ADVO even where a related criminal charge has been withdrawn.
In our client’s case, both proceedings ended successfully: the common assault charge was withdrawn and dismissed and the separate ADVO application was also withdrawn and dismissed.
Can Police Withdraw an ADVO Application?
Yes.
As this case demonstrates, a police ADVO application can be withdrawn and dismissed. Whether that occurs in another case will depend upon the particular circumstances and evidence.
Speak to Our Sydney Criminal Lawyers
If you have been charged with common assault or another domestic violence offence, or you are the defendant in an ADVO application, obtaining legal advice at an early stage can make a significant difference to how your matter is prepared and presented.
National Criminal Lawyers® represents clients at Burwood Local Court, Parramatta Local Court, Downing Centre Local Court and courts throughout Sydney and New South Wales.
Our Sydney Criminal Lawyers, Parramatta Criminal Lawyers, common assault lawyers and domestic violence defence lawyers can review the prosecution evidence, advise you about your options and develop a defence strategy tailored to your circumstances.
This case demonstrates that even when proceedings have progressed all the way to a defended hearing date, the outcome is not predetermined. Careful preparation, forensic analysis and effective advocacy can remain critical right up until the moment a hearing is due to commence.
National Criminal Lawyers® – Criminal Defence Lawyers.
