Domestic Violence and Assault

AVO Assault & Sex Offences

Apprehended Violence Orders (AVO or ADVO)

If someone is threatening, stalking or harassing you, we can help you apply for an Apprehended Violence Order (AVO).

An AVO is a court order that prohibits certain behaviour of the defendant. It is a criminal offence for the defendant to knowingly breach an AVO.

There are two types of AVO:

 An Apprehended Domestic Violence Order (ADVO) taken out against a family member, spouse or ex-spouse.
 An Apprehended Personal Violence Order (APVO) taken out against someone other than a family member, spouse or ex-spouse.

AVOs are designed to protect the person taking out the AVO from future harassment, intimidation, stalking or violence and as such the court may grant an AVO if it feels there are reasonable grounds to fear that a defendant will be violent or harass/stalk/intimidate the person lodging the complaint.

If you have been served with an AVO or ADVO, you have the right to object to it.

Our criminal defence lawyers are highly experienced in helping clients successfully object to an AVO.

Assault Offences
If you have been charged with an allegation of assaulting somebody, you should contact us ASAP. Assault charges are serious offences and if not handled by seasoned specialist criminal lawyers can lead to gaol time.

Our lawyers have successfully defended all types of Assault charges. We have an acquittal not guilty rate exceeding 90 per cent in all Assault cases in the last 10 years.

The steps we take each step of the way means we are mitigating our client’s risk of going to gaol or ending up with a criminal conviction that could damage their career.

Some of our work include thorough analysis of the Police Brief of Evidence to show up holes in the Police evidence, preparing persuasive written representations to the NSW Local Area Command seeking no further proceedings against our clients, negotiations with the Police Prosecution Service or the Office of the Director of Public Prosecutions to drop a more serious charge of assault against our client, negotiating Agreed Facts in favour of our client’s version of events if our client instructs us to plead guilty, representing our client in court and advocating for the least sentence possible if our client wishes to plead guilty, or representing our client in a defended hearing or trial.

What are the Types of Assault Charges in NSW?

Assault is the act of intentionally or recklessly placing another person in a state of fear of immediate violence. Contrary to popular belief, the offence of assault need not include a physical component such as the use of force or violence. Nor does the victim need to suffer any injury. In the vast majority of cases, however, some violence such as punching, kicking, pushing or striking is present.

Depending on seriousness of injury to the victim, you could be charged with the following:

Common Assault

Common Assault is the act of striking, touching, applying force to, or threatening another person with violence intentionally or recklessly. It must also be done without consent and without a lawful excuse.

Common Assault carries a maximum penalty of up to two years imprisonment. The court can also impose non-gaol options such as:

  • Conditional Release Order (with or without conviction
  • Fines
  • Community Corrections Order
  • Community service order (CSO)
Assault Occasioning Actual bodily Harm (AOABH) and Assault Occasioning Grievous Bodily Harm (AOGBH)

Assault occasioning actual bodily harm is an assault, which results in some actual physical injury to the victim. The maximum sentence for Assault Occasioning ABH is 5 years gaol, and Assault Occasioning GBH carries a maximum of 7 years gaol. Again, the court can also impose non-gaol options such as listed above.

Assaulting a police officer in the execution of their duty is also a serious charge of the offence of assault, and this carries a maximum sentence of up to 5 years gaol. The maximum sentence for assaulting a police officer in the course of his or her duty is 12 years if grievous bodily harm is inflicted.

Defences to a Charge of Assault

Our lawyers will analyse the Police Brief of Evidence closely and identify all defences available to an assault charge against our client. The types of defences we usually find are the alleged victim made a false statement to police, self-defence, duress or necessity.

The court result in Assault charges will depend on a number of factors such as the nature of the assault, the seriousness of the injury inflicted, whether there was any provocation, prior offending, whether the offender was affected by drugs or alcohol, and whether the alleged victim and any witnesses for the police “came up to proof” in the witness box at court (ie whether the prosecution case was proved to the court beyond a reasonable doubt that the client was guilty of the offence)

Sexual Assault

If you have been charged with sexual assault or indecent assault offences, it is important you call our criminal defence lawyers at an early stage in the proceedings (and preferably before being interviewed by the police).

The prevalance of this offence in our community means that most clients we have acted for have never previously been in trouble with the criminal law. The offence is a very serious one and has grave potential for long sentences of gaol if the case is mishandled by inexperienced lawyers.

Our criminal defence lawyers are specialists in the defence of false allegations of sexual assault and/or harassment. These are extremely serious charges with that can lead to many years of gaol time, if found guilty. It is important that you instruct an experienced sexual assault criminal lawyer if you have been charged or anticipate that you will be charged. In the last 10 years, our criminal defence lawyers have successfully defended sexual assault charges with a 90% acquittal not guilty verdict.

Call Us

If you need urgent legal advice, call us today and speak to our lawyers on 02 9708 6832 or 0422 372 695 or complete the Form below and we will respond ASAP. Typical response time: 15 minutes