Coutts Lawyers & Conveyancers is a powerful female-founded law firm with a core value system that puts people first. Our reputation as the legal business of choice in New South Wales is recognised by our many awards.
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FACING OR FIGHTING DOMESTIC VIOLENCE CLAIMS? WE’RE HERE
Coutts provides expert legal representation for individuals facing Domestic Violence charges. Our Criminal Law 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.
Carolyn Shiels Special Counsel, Criminal Law
Domestic and family violence is behaviour that coerces, controls or causes a person to be afraid. 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.
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.
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Execute the action plan, addressing a range of legal scenarios as necessary.
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
Carolyn worked for more than 27 years as a criminal prosecution lawyer, and 10 years since in private practice as a Criminal Lawyer. She has a strong reputation for her signature mix of experience, knowledge, compassion and humour.
With a passion for Criminal Law and Advocacy, and over 36 years experience in the court room, Carolyn’s deep expertise in criminal law allows her to navigate complex legal matters with precision. She has to ability to review a brief of evidence and identify issues and negotiate the progression of the matter through the court.
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.