Criminal & Traffic Law

Apprehended violence orders, what are they and how do they work?

There are two types of apprehended violence orders (AVO), apprehended domestic violence order (ADVO) and apprehended personal violence orders (APVO). The purpose of apprehended violence orders is to protect you and any other nominated person from further violence or threat of further violence. The applications are generally made by the police on behalf of the […]

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I lied to Police and said my partner hit me. Will I go to Prison?

Falsely claiming you were assaulted in a domestic relationship or giving a statement and “taking it back” later is a serious matter and you can be charged. Legally we refer to false claims or statements such as the above as “public mischief”. But I took what I said back! He wasn’t charged and I didn’t

I lied to Police and said my partner hit me. Will I go to Prison? Read More »

The Domestic Violence Register – What you need to know about the Registry

In 2015, New South Wales introduced the Domestic Violence Disclosure Scheme, this is the first of it’s kind to be undertaken in Australia. The United Kingdom introduced a similar initiative some many years ago, it was known as “Clare’s Law”. ABS statistics identify that domestic violence very rarely occurs in isolation. It is the crime with the

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Can you record someone and use it in evidence

As the use of technology has increased in everyday life, however when a person records a conversation or videos an incident, can this be utilised in Court proceedings? The legislation that details under what circumstances a recording can be utilised is in the Surveillance Devices Act. Specifically, Section 7, which details a person must not

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Intoxication as defence – “But I was drunk?”

The expression of “liquid courage” is something that is often heard by criminal lawyers. It is heard when people find themselves in difficult situations because they had been out drinking. It is widely accepted that being intoxicated is not a defence to committing a crim. However, where people are charged with what’s known as an

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Drink Driving – Is the roadside test accurate?

If a person is arrested for drink driving, there are 3 standard categories which they can be placed into. These categories are low range, high range and mid-range. However, it is possible for that category and the roadside reading to which it is associated, to be inaccurate scientifically. There is growing authority to state that

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What to do when you’re served with an AVO?

Being served with an Apprehended Violence Order (AVO) is both confronting and intimidating. First and foremost, it is important for any defendant to seek legal advice. Each persons set of circumstances is unique and an AVO can effect many aspects of a persons life. This can include employment, travel and in some cases can cause

What to do when you’re served with an AVO? Read More »

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