This is a successful case resulting in a lenient outcome for family violence charges. The matter was heard at the Magistrates’ Court and we provided the criminal defence for the accused.
What is alleged to have occured?
The case arose out of a family violence incident involving our client and his long-term partner. It was alleged that our client had physically assaulted his partner and made specific threats to kill her, including her family, as well as their pets. Further allegations were made stating that he had damaged property that was jointly-owned by him and his partner during the incident. The police were called and the client was charged with the following family violence offences:
Our expert family violence lawyers legally represented the accused at the Broadmeadows Magistrates’ Court for his criminal defence.
After negotiations with the police, the Assault charge was withdrawn and deleted from the summary read to the court. A detailed plea was then put to the court in order to place the incident in context, outlining the background of the client and the recent efforts he had made to seek assistance since the event.
What was the result?
The client ultimately avoided the imposition of a Community Corrections Order and was instead fined an overall amount of $2,000 with conviction.
It must be noted that the current prevalence of family violence offending is a significant concern to the courts. Therefore receiving “only” a financial penalty is actually a lenient outcome for family violence charges in all the circumstances.
What is alleged to have occured?
The case arose out of a family violence incident involving our client and his long-term partner. It was alleged that our client had physically assaulted his partner and made specific threats to kill her, including her family, as well as their pets. Further allegations were made stating that he had damaged property that was jointly-owned by him and his partner during the incident. The police were called and the client was charged with the following family violence offences:
- Threats to Kill
- Unlawful Assault
- Criminal Damage
- Threats to Destroy Property
Our expert family violence lawyers legally represented the accused at the Broadmeadows Magistrates’ Court for his criminal defence.
After negotiations with the police, the Assault charge was withdrawn and deleted from the summary read to the court. A detailed plea was then put to the court in order to place the incident in context, outlining the background of the client and the recent efforts he had made to seek assistance since the event.
What was the result?
The client ultimately avoided the imposition of a Community Corrections Order and was instead fined an overall amount of $2,000 with conviction.
It must be noted that the current prevalence of family violence offending is a significant concern to the courts. Therefore receiving “only” a financial penalty is actually a lenient outcome for family violence charges in all the circumstances.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/01/2018
