Client Admitted to Domestic Assault During Verbal Dispute
Our client, Mr Chen, was charged with a domestic violence offence after pushing his partner to the ground during an argument at home. The incident occurred while the client was engaged in recreational activities and escalated into a physical altercation. Mr Chen made a full admission of his actions to the police at the time of arrest.
The police also applied for an Apprehended Violence Order (AVO) on behalf of the complainant, triggering both criminal and protective order proceedings.
Strategic Sentencing Preparation by Brightstone Defence
Despite the client’s admission, our legal team at Brightstone Defence approached the matter with strategic care and thorough preparation. Understanding that a conviction could significantly impact our client’s future, we focused on presenting strong mitigation materials to the court.
This included:
- A detailed written sentencing submission
- Character references and supporting documentation
- Evidence of the client’s remorse and commitment to rehabilitation
We also highlighted that the incident was isolated, spontaneous, and out of character for the client.
Achieving a No Conviction Result in Court
At sentencing, the magistrate accepted our submissions and acknowledged the context of the incident, the client’s remorse, and his lack of prior criminal history.
As a result, the court exercised its discretion under Section 10 of the Crimes (Sentencing Procedure) Act 1999, and no conviction was recorded. The AVO remained in place as a civil order, but the client avoided a criminal record, protecting his personal and professional future.
Frequently Asked Questions (FAQ)
- What is an AVO in a domestic violence case?
An AVO (Apprehended Violence Order) is a court order designed to protect someone from violence, intimidation or harassment. It can be issued alongside criminal charges or independently.
- Can I still get a no conviction if I plead guilty?
Yes. In some cases, the court may find that the offence is minor, isolated or mitigated, and may exercise discretion under Section 10 to dismiss the charge without recording a conviction.
- Does an AVO give me a criminal record?
No. An AVO is a civil order and does not constitute a criminal conviction. However, breaching an AVO is a criminal offence.
- What are the consequences of a conviction in a domestic violence case?
A conviction may affect employment, travel, and professional licensing. That’s why it’s critical to engage an experienced criminal lawyer to assess and manage the risks.
Why Early Legal Advice Matters in Domestic Violence Cases
Securing early legal advice is crucial when facing domestic violence charges and AVO proceedings.
Even where a client admits wrongdoing, a criminal defence lawyer can work to minimise the consequences through strategic submissions and advocacy. At Brightstone Defence, we tailor our approach to each client’s individual circumstances to seek the best possible result.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
