At EAS Legal, we recently represented a client before the Belmont Local Court in New South Wales who was facing criminal charges alongside an Apprehended Personal Violence Order (APVO) application.
The proceedings arose from an ongoing dispute involving neighbours, with our client maintaining concerns about the reliability of the allegations and the manner in which Police had investigated the matter.
In addition to the criminal charges, Police were seeking an APVO for five years, potentially subjecting our client to lengthy restrictions.
Our Approach
From the outset, our team carefully scrutinised the prosecution evidence and identified significant concerns regarding the investigation and the strength of the allegations.
These included inconsistent accounts, a lack of independent corroboration, failures to interview relevant witnesses and concerns regarding the verification of video evidence.
Rather than simply allowing the matter to proceed to a contested hearing, we engaged in extensive pre-hearing litigation and negotiations with Police, challenging the strength of the prosecution case and advocating for the withdrawal of the charges.
Those negotiations were ultimately successful.
We then turned our attention to the APVO proceedings, successfully negotiating a substantial reduction in both the duration of the proposed order and the conditions sought.
The Outcome
The Belmont Local Court finalised the matter with an excellent outcome for our client.
- All criminal charges were withdrawn in full
- No criminal conviction was recorded
- The proposed five-year APVO was reduced to just 12 months
- The conditions of the APVO were successfully reduced and amended
- The final APVO was made by consent, without admissions
- Our client avoided the risks associated with continuing criminal proceedings
Following the withdrawal of the charges, our office also pursued an application for professional legal costs, challenging aspects of the Police investigation through detailed cross-examination of the investigating officer.
Although the Court ultimately declined to award costs, the substantive outcome remained significant: every criminal charge was withdrawn, and the proposed duration of the APVO was reduced by 80%.
Why This Result Matters
This matter demonstrates the importance of challenging the prosecution case before a contested hearing becomes necessary.
Criminal charges can carry serious consequences, even where the allegations arise from an ongoing personal or neighbourhood dispute.
By carefully examining the evidence, identifying investigative deficiencies and persistently negotiating with Police, our team secured the complete withdrawal of the criminal proceedings.
Importantly, we also recognised that resolving the criminal charges was only part of the matter. The proposed five-year APVO would have imposed restrictions on our client for a significant period.
Through further negotiations, we achieved a 12-month order on amended conditions, without any admissions, allowing our client to move forward with substantially reduced restrictions.
At EAS Legal, we don’t simply accept the prosecution’s position. We carefully examine the evidence, challenge weaknesses in the case and pursue practical outcomes that protect our clients’ interests.
Facing Criminal Charges or an APVO?
EAS Legal represents clients in criminal proceedings, Apprehended Personal Violence Orders and Apprehended Domestic Violence Orders throughout New South Wales.
1800 117 533
www.easlegal.com.au
EAS Legal – Strategic Criminal Defence & Intervention Order Lawyers. Proven Results.
