Accused of Domestic Violence? 5 Facts you need to know

Facts you need to know if you have been charged with an offence involving alleged domestic violence.

1. There are legal tactics that can be used by Fahrenheit Law to achieve successful outcomes in Domestic Violence Cases.

2. Fahrenheit Law solicitors are experts and specialists in defending clients charged with offences involving domestic violence. We have successfully defended allegations of domestic violence against our clients.

3. You need a lawyer with expertise to deal with your case as early as possible, and as soon as the allegation has been made. Sound legal advice
from the outset is essential to give you the best chances of success.

4. Cases of Domestic Violence are treated more seriously than offences committed in a non-domestic setting. i.e. An assault against a stranger.

5. The term Domestic Violence not only covers actual violence but also abusive and threatening behaviour. The term domestic violence can
include:

• Assault by beating
• Common assault
• Criminal Damage
• Harassment and stalking
• Sexual abuse
• Psychological or Emotional abuse
• Threats
• Controlling behaviour such as blackmail or financial pressure.
• Breach of a Restraining Order

What should I do if I have been charged with a domestic violence offence or any of the offences listed above?

Domestic violence offences are serious offences. You should get legal advice as soon as you can. See Where can I get legal help? Getting sound advice at
the police station is important

An offence for Assault or any similar offences will usually be termed as a ‘Domestic Violence’ offence if you as the defendant have a domestic relationship with the person who has made the allegation against you.

You will have a ‘domestic relationship’ with another person if you:

• are, or have been, married to them

• are in a de-facto relationship with them

• have, or have had, an intimate personal relationship (it doesn’t need to be a
sexual relationship)

• are living with them, or have lived with them in the past

• were dependant on the other person, and they are or were your carer – if
they were paid or not

• were an unpaid carer for the other person, and they are or were your
dependant

• are, or have been, their relative, or

• You are their neighbour

What will happen when I go to court?

Before your first hearing at Court, you will have received a Postal Requisition or Charge Sheet. This documents sets out the offence you have been charged with.

When you arrive at Court, you should have received the prosecution evidence. We at Fahrenheit Law can assist with obtaining the prosecution evidence before your Court hearing.

This is the evidence the prosecution will use to try to prove the case against you and usually includes:

• what they say happened

• a copy or recording of the victim’s statement, and

• any photographs—such as the victim’s injuries or damaged property.

On the first date you go to court (called the first ‘mention’) you will usually asked if you are pleading guilty or not guilty. You should get legal advice before you make this decision. You can ask the Court to adjourn your case (put it on hold) so you can get legal advice. If the Court agrees to adjourn your case it will probably not be for longer than 14 days.

What happens if I plead guilty?

If you plead guilty, the prosecution will give the facts to the Court. This tells the magistrate what the police say happened. If you are pleading guilty, you will need a good lawyer to represent you, mitigate and limit the damage.

This is sometimes called a ‘plea in mitigation’. The magistrates then use the information they have heard from the prosecution and we, your defence lawyers to decide what penalty would be appropriate to give you.

At Fahrenheit Law , we give our clients the best advantage possible by advancing strong mitigation in all cases where the best decision is to plead guilty.

What will happen if I plead ‘not guilty’?

If you plead not guilty the case will be adjourned to a Trial date. In the interim, the prosecution and defence will usually exchange evidence and correspondence. It is important to get sound legal advice and representation before you go back
to court.

Call Fahrenheit Law and we will do our best to ensure that your case runs smoothly and to your advantage.

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Call Fahrenheit Law to represent at:

Your police station interview after arrest.

You have been invited for a voluntary interview

Your First Appearance at the Magistrates Court