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Coutts provides expert legal representation for individuals facing Domestic Violence charges. Our team is highly experienced in handling the delicate and complex nature of domestic violence cases. We understand the serious implications of these charges and are committed to defending our client’s rights with sensitivity and diligence. Our approach is comprehensive, emphasising in-depth evidence analysis, empathetic advocacy, and strategic defence planning, all aimed at securing the most favourable outcomes for our clients.
Luisa Gaetani
Partner
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What is Domestic Violence?
Domestic violence offences are considered by Judges and Magistrates to be incredibly serious, and with the recent increased focus on domestic violence incidents, the Courts have an increased focus on protecting the victims of domestic violence.
While there is no specific offence in relation to domestic violence, and domestic violence is generally prosecuted under the general offences of assault or intimidation, where the offence occurs in the presence of a domestic relationship, there are some differences in the way the Court will treat the matter. For example, there are certain matters that the Court must take into consideration when sentencing a person for a domestic violence offence under section 4A of the Crimes (Sentencing Procedure) Act 1999.
Under this legislation, the starting point for sentences in domestic violence matters is either a full-time custodial sentence, or supervision. If the Court considers that an alternate sentence is appropriate, the Court must give its reasons for imposing an alternate sentence. The safety of the victim is the paramount concern, and the Court must consider the potential effect of any alternate sentence on the victim’s safety before imposing an alternate to full-time custody.
In addition, section 4A of the Crimes (Sentencing Procedure) Act 1999 requires a Court to impose a full-time custodial sentence when an accused breaches an AVO with an act of violence.
How can Coutts help?
It is important to seek legal advice before providing an interview to the Police in relation to any domestic violence-related incident. Our Coutts Criminal Law team has the expertise to assist you throughout the process.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
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Introducing Luisa
Your Compassionate Lawyer
Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law & Criminal Team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Criminal and Family law is well-deserved.
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Domestic Violence FAQ’s
When offences occur in the context of a domestic relationship, the Courts in NSW take special considerations under section 4A of the Crimes (Sentencing Procedure) Act 1999. The starting point for sentences in domestic violence matters is either full-time custodial sentence or supervision. The safety of the victim is the paramount concern, and the Courts must consider the potential effect of any alternate sentence on the victim’s safety before imposing an alternate to full-time custody.
Yes, the Court can impose an alternative sentence, but it must give its reasons for doing so and must consider the potential effect of any alternate sentence on the victim’s safety before imposing an alternate to full-time custody.
Section 4A of the Crimes (Sentencing Procedure) Act 1999 mandates that a full-time custodial sentence must be imposed on an individual who breaches an Apprehended Violence Order (AVO) with an act of violence in a domestic violence context.
Seeking legal advice is crucial because domestic violence offences are taken very seriously by the Courts, and there is an increased focus on protecting the victims of domestic violence. Proper legal counsel can aid in navigating the complexities of the legal process and ensure that one’s rights are protected while also addressing the serious nature of domestic violence allegations.
Coutts provides expert legal advice and assistance throughout the process of a domestic violence-related incident. Our team can guide individuals on how to approach interviews with the Police, assist in court representation, and help navigate the legal intricacies related to domestic violence offences to ensure proper legal procedures are followed and rights are upheld. The experienced Criminal Law team at Coutts are also committed to rehabilitating offenders and taking the time to address the underlying reasons for the domestic violence.
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