SUCCESS STORY

Victoria

Case Study – Family Violence Assault Charges Withdrawn: Evidence Deficiencies Lead to Dismissal | Sunshine Court

Our 45-year-old client facing serious family violence assault charges against his wife had all charges completely withdrawn at Sunshine Magistrates’ Court after we identified technical deficiencies in evidence collection. Through thorough Evidence Act challenges demonstrating inadmissibility of key prosecution evidence, we secured complete charge withdrawal before any contested hearing, avoiding criminal conviction and ongoing proceedings.

  • Family Violence

Case Overview

Sunshine Magistrates Court 

Charge: Family Violence

Client: Anonymous client

Sunshine Magistrates’ Court – Serious Family Violence Assault Charges Withdrawn

At Elbob & Stephenson Legal, we recently represented a 45-year-old male client who was facing serious family violence assault charges before the Sunshine Magistrates’ Court.

The allegations related to an alleged assault against his wife — charges which, if proven, carried the very real risk of a criminal conviction, significant penalties, and the potential for lasting consequences on both his personal life and future.

From the outset, our defence team conducted a thorough review of the prosecution’s brief of evidence. We identified several technical deficiencies in the way evidence had been obtained and sought to challenge its admissibility under the Evidence Act.

We raised these issues directly with the prosecution, demonstrating that key pieces of their evidence were unlikely to be admitted at trial. As a result, their case was significantly undermined.

Confronted with these evidentiary issues, the prosecution ultimately conceded the matter and withdrew all charges in full.

This meant:

  • Our client avoided a criminal conviction
  • All charges were dismissed before proceeding to a contested hearing
  • The client was able to move forward without the burden of ongoing criminal proceedings

Family violence charges are treated with the utmost seriousness by Victorian courts and often proceed even where the complainant does not support them. Having experienced criminal defence lawyers who understand both the law and the technical evidentiary requirements can make the difference between a conviction and a complete withdrawal.

Need a Family Violence Lawyer in Sunshine or Across Victoria?

At Elbob & Stephenson Legal, we are specialists in defending clients charged with family violence offences. We know how to challenge the evidence, negotiate with prosecutors, and achieve outstanding outcomes — even in the most serious matters.

Facing Similar Charges?

Don’t let a criminal charge destroy your future. Our experienced team has the expertise and track record to fight for the best possible outcome in your case.

GET IMMEDIATE HELP BOOK CONSULTATION

24/7 LAWYER NUMBER

1800 117 533

Our Recent Wins

Elbob & Stephenson Legal

At Elbob & Stephenson Legal, our team will ensure that you are provided with the most experienced and trusted advice, always.

1800 117 533

WERRIBEE
Suite 2, 18 Synnot St, Werribee VIC 3030

GEELONG
72-76 Ryrie St, Geelong VIC 3220

NEWCASTLE
17 Bolton St, Newcastle NSW 2300

BRISBANE
Level 4, Anzac Square, 200 Adelaide Street, Brisbane QLD 4000

This website is owned and operated by Elbob & Stephenson Pty Ltd and the legal professionals provide their legal services through the firm trading as EAS Legal