At EAS Legal, we recently represented a client before the Maitland Local Court who was facing extremely serious allegations involving his child.
Our client had been charged with three domestic violence-related offences, including two counts of Common Assault and one charge alleging the intentional choking of a child. The prosecution material contained serious allegations of physical violence, including an allegation that the child had been grabbed around the neck.
The consequences for our client extended well beyond the criminal charges. He faced the possibility of imprisonment, restrictive bail conditions, an Apprehended Domestic Violence Order (ADVO), and significant disruption to his relationship with his children.
Importantly, before coming to EAS Legal, our client had previously been unsuccessful in an application for release while represented elsewhere.
Our Approach
From the outset, we recognised that this matter required considerably more than simply waiting for the charges to reach a hearing.
Our team undertook a detailed examination of the prosecution case and engaged in extensive negotiations with police, challenging both the reliability of aspects of the allegations and the quality of the evidence relied upon.
The prosecution brief itself contained material requiring careful analysis. The alleged offences arose in a complex family context, and the evidence included accounts from the children, other family members and communications surrounding the alleged events. Our role was to scrutinise that material as a whole rather than simply accepting the allegations as presented.
We also successfully represented our client in relation to his liberty, ultimately securing his release after an earlier unsuccessful application.
As the criminal proceedings progressed, our negotiations with the prosecution continued. Those negotiations ultimately resulted in a formal resolution proposal: every criminal charge would be withdrawn in exchange for our client consenting, without admissions, to a limited final ADVO.
Given the seriousness of the charges, the potential impact of continuing proceedings on the children and the risk of imprisonment if convicted, the proposal provided an opportunity to bring the criminal prosecution to an end.
We also took the additional step of securing a written agreement relevant to the parenting exception under the final ADVO, ensuring our client’s position regarding future contact with the children was properly protected. The final order permitted contact where agreed in writing between the relevant parents regarding contact with the children.
The Outcome
At the final court appearance:
The ADVO was made for 18 months and contained conditions relating to behaviour and contact, including an exception permitting contact concerning the children where agreed in writing.
For a client who had been facing allegations of violence against a child and the possibility of imprisonment, the withdrawal of every criminal charge represented an exceptional resolution.
Why This Result Matters
Serious allegations do not remove the prosecution’s obligation to prove its case.
Cases involving children are understandably sensitive, but they still require the evidence to be carefully examined and tested. The seriousness of an allegation is precisely why meticulous preparation is so important.
This matter also demonstrates the value of looking at the client’s position as a whole. Our work involved not only defending the charges, but successfully addressing our client’s release, scrutinising the prosecution evidence, negotiating extensively with police and ensuring that the eventual ADVO arrangements remained workable in the context of his relationship with his children.
At EAS Legal, we don’t measure preparation by how quickly a matter can be finalised. We take the time to understand the evidence, identify weaknesses in the prosecution case and explore every legitimate avenue capable of improving our client’s position.
In this case, that approach resulted in a client who had been facing three serious criminal charges and the possibility of imprisonment walking away with every criminal charge dismissed.
Facing Serious Assault or Domestic Violence Charges?
If you have been charged with Common Assault, choking or strangulation offences, domestic violence offences, or are simultaneously dealing with an ADVO, obtaining experienced representation at the earliest opportunity can make a significant difference.
EAS Legal represents clients in serious and complex criminal proceedings throughout New South Wales and Victoria, from bail and release applications through to negotiations, defended hearings and trials.
1800 117 533
www.easlegal.com.au
EAS Legal – Strategic Criminal Defence. Proven Results.
