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The criminal justice system regularly deals with persons who make a complaint to police about their partner, but later decide that they want to know how to get domestic violence charges dropped. There may also be circumstances where a complainant has explicitly told police that they do not want their partner charged, but police lay […]
When police apply for an Apprehended Violence Order (AVO), often the first question that many people ask is whether the AVO will appear on a police check. Often people are concerned about the consequences of an AVO being made against them. As such it is crucial to speak to a specialist AVO lawyer who can […]
Stealthing laws are a relatively new phenomenon in respect of sexual assault legislation. It has gained notoriety in recent years but there is still legal ambiguity surrounding stealthing in Australia. The ACT, Tasmania, NSW and Victoria have introduced legislation criminalising stealthing in the last year. A recent review of sexual assault legislation in Queensland recommended […]
One of the most common enquiries domestic violence lawyers receive is from defendants and protected persons wanting to vary an AVO. An Apprehended Violence Order (AVO) is a court order that is made to protect a person from the violence, harassment, intimidation or other threatening behaviour of another person. In its simplest form, an AVO […]
New proposed legislation by the State government could provide an answer to the question of how to find out if someone has an AVO. The Right to Ask scheme would allow police to disclose information about a domestic violence offender to potential new victims. However, concerns about privacy and malicious applications have been raised as […]
A common situation faced by lawyers, Police and the Courts is when a defendant or complainant asks how to get an AVO dropped. Often the defendant and protected person will have resolved the situation. Or the anger and acrimony between them has subsided. Many people think that it is as simple as the complainant saying […]
The release of the latest sexual assault sentencing statistics have revealed that three out of four offenders received a jail term. The analysis from the Australian Bureau of Statistics (ABS) assessed cases throughout Australia between 2010-11 and 2019-20. There was a total of 53,570 sexual assault offenders in that period. The average term of imprisonment […]
Over the past few years, there has been a noticeable growth in the prominence of fake IDs in Australia and questions around whether they are illegal. With websites openly selling these IDs, many have questioned what the potential consequences of possessing such an item is. It is well-established that you can be charged by Police […]
An Apprehended Violence Order (AVO) is an order that restricts the behaviour of a person, known as a defendant, for the protection of someone else, known as the protected person or PINOP. There are 11 possible conditions which can imposed to facilitate this protection. Apprehended Violence Orders can be divided into two categories; domestic or […]
The question of how to beat a sexual assault charge is one that criminal defence lawyers field on a regular basis. In today’s climate, defending these allegations has become extremely difficult. This is due to a range of factors such as the onset of the ‘metoo’ movement, changing attitudes to accusations and the introduction of […]