Articles

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 […]

Breaching an AVO is a serious criminal offence which carries the possibility of jail time. Indeed, if you have contravened an apprehended violence order with an offence of violence, the court is required to impose a sentence of imprisonment unless there are reasons not to. Breach AVO NSW Legislation Under Section 14 of the Crimes […]

A Criminal Infringement Notice, also known as a CIN,  on the spot fine,  or Penalty Notice – is a monetary fine issued by police. They are issued for minor offences, at the discretion of police. CINs are issued in lieu of police charging and arresting, and issuing a Court Attendance Notice. Criminal infringement notices are […]