SUCCESS STORY

New South Wales

Charges and ADVO Withdrawn After Defence Investigation – Hornsby Local Court

Independent defence investigation exposes flawed police work, leading to complete withdrawal of ADVO breach and assault charges plus removal of protective order at Hornsby Local Court.

Hornsby Local Court
  • ADVO
  • |
  • Assault Charge

Case Overview

Charge: Assault

Client: Anonymous

Court Location: Hornsby Local Court

At Elbob & Stephenson Legal, we recently acted for a client charged with:

  • Breach of an Apprehended Domestic Violence Order (ADVO)
  • Common assault
  • A new ADVO was also imposed by police at the time of the alleged breach.

From the outset, our client strongly denied the allegations and was deeply concerned about the impact of both the criminal charges and the new ADVO on his family life, employment, and future.

Upon reviewing the brief of evidence, our experienced criminal defence lawyers identified that the police investigation was flawed. Critical witnesses had not been interviewed, and it appeared that officers had failed to exercise due diligence before laying charges.

We took proactive steps to interview the uncontacted witnesses ourselves and obtained sworn affidavits that directly contradicted the police version of events. These were filed with the court in support of our client’s defence.

We also gave formal notice to the prosecution that if they proceeded with the matter, we would be seeking costs against them due to the improper conduct of the investigation and the weakness of the evidence.

Faced with compelling defence material and a real risk of adverse cost orders, the prosecution withdrew all charges, including the ADVO.

This outcome not only protected our client from a criminal record but also restored his legal standing by ensuring that no final ADVO was made.

Charged with breaching an ADVO or facing unfair domestic violence allegations? You need a defence team that is thorough, strategic, and not afraid to challenge poor police procedure. At Elbob & Stephenson Legal, we know how to uncover weak points in the prosecution’s case and fight for your rights.

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.

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