How We Secured the Withdrawal of a Domestic Violence Assault Charge at Burwood Local Court
Facing a domestic violence allegation is one of the most stressful experiences a person can go through. These cases can have a serious impact on your reputation, career and personal relationships, not to mention the potential for a criminal conviction and prison sentence. This recent matter at Burwood Local Court shows how our team at National Criminal Lawyers® used strategic negotiation to have a serious assault charge withdrawn before the hearing even began.
If you are searching for an AVO lawyer near me, need to fight a domestic violence charge, or want an experienced criminal lawyer in Sydney, this case shows exactly how we achieve results.
The Allegation
The charge was Assault Occasioning Actual Bodily Harm under section 59(1) of the Crimes Act 1900 (NSW).
The allegation arose from an incident between two former partners. The complainant owned a restaurant, where the accused was employed. Although the romantic relationship had ended about two weeks earlier, the pair continued to have regular contact through work.
On the night in question, they had both been working at the restaurant during an event. The accused had consumed significant amounts of alcohol, including vodka and shots of Fireball, while the complainant remained sober. After work, the accused asked to come to the complainant’s home. She was hesitant due to his intoxication but agreed.
Later that evening, after a disagreement, it was alleged that the accused struck the complainant on the nose and forehead with a solid object, causing lacerations and significant bleeding. The complainant claimed the accused had thrown his phone at her and then grabbed her by the arms and shoulders. She later attended hospital and made a formal police report.
The Police Case
The police relied on the complainant’s verbal account to police and in a recorded interview, photographs of the injuries which showed visible lacerations and bleeding and finally, the allegations of previous incidents of violence during the relationship.
From the outside, this was a serious and confronting set of allegations. A conviction for Assault Occasioning Actual Bodily Harm, especially in a domestic violence context, can carry a prison sentence and will almost certainly lead to a criminal record. On top of that, the police were seeking a final Apprehended Domestic Violence Order (ADVO).
The Outcome
The matter came before Burwood Local Court. Our Senior Associate, Mr Stern, appeared for the defence.
The outcome was as follows:
Sequence 1 was withdrawn and the charge was dismissed. An Apprehended Domestic Violence Order (ADVO) was finalised for 12 months commencing on this date, with the standard conditions to apply.
The criminal charge was gone. The ADVO remained, but with standard conditions only. The client left court without a conviction, without a criminal record for assault, and without the risk of imprisonment hanging over them.
Our Legal Strategy
This case was won outside the courtroom, through strategic negotiation with the prosecution.
We prepared to challenge the police evidence, including the credibility of the identification of the object allegedly thrown, the reliability of the complainant’s version of events given the high emotions and alcohol involved, the lack of independent witnesses to the alleged assault itself and finally, the context of the ongoing work relationship and recent breakup, which may have influenced perceptions of events
By making it clear to the prosecution that their case had significant evidentiary hurdles, and that we were prepared to contest the charge at hearing, we were able to secure the withdrawal of the assault allegation entirely.
What This Means for You
If you are facing a domestic violence charge or an ADVO, you should never assume the matter is hopeless. Even in cases involving photographs of injuries and serious allegations, the police must still prove their case beyond reasonable doubt. With an experienced domestic violence defence lawyer, the prosecution can be persuaded to withdraw charges that are not supported by strong and reliable evidence.
At National Criminal Lawyers®, we regularly oversee domestic violence charges withdrawn before hearing, negotiate to reduce or amend charges, represent clients in applications to revoke or vary an ADVO and defend matters in court when police refuse to back down.
Contact us
This case is a powerful example of why it is essential to have the right representation. Our ability to recognise weaknesses in the police case, apply pressure through targeted negotiations, and secure the withdrawal of serious charges is why we are trusted as Sydney’s leading criminal defence lawyers.
If you need an AVO lawyer near me, want to fight a domestic violence allegation, or need a criminal lawyer in Sydney who will fight for you from the very first court date, contact us now for a free initial consultation. We will assess your case, outline your legal options, and put a strategy in place to achieve the best possible outcome.
📞 Call 1800 CRIM LAW
See below the copy of the court result.
