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Victims of verbal abuse often wonder whether it is a crime and whether there is any recourse for them. This is particularly so when it occurs in the context of a domestic violence situation. Obtaining an apprehended violence order (AVO) is a possibility but only in circumstances where the conduct meets the requisite criteria. What […]
Central Coast Mariners forward Angel Torres has been charged with sexual assault and suspended by Football Australia. The suspension is currently on a ‘no-fault’ basis until the matter is resolved – something that could take over 12 months. The club released a statement emphasising that no finding of guilt has yet been made. Angel Torres […]
Lawyers are regularly asked about the difference between battery and assault. Both concepts deal with the use of physical force against another person. This article explores both ideas and how they are dealt with today. What is assault? An assault is any deliberate action where a person intentionally or recklessly instils in another the fear […]
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 […]
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 […]