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Jack Leitner appeared on behalf of a 42 year old Glenwood man at Blacktown Local Court who was charged with numerous domestic violence offences. As a result of our representation, our client had all charges as well as an application for an Apprehended Domestic Violence Order against him dismissed.
Incident at Glenwood, NSW
On 20 June 2021, our client was arrested and charged with numerous domestic violence offences and had an Apprehended Domestic Violence Order placed upon him as a result of allegations made by our client’s mother-in-law and estranged wife when a handover of children at the end of their visitation allegedly turned sour.
The Police alleged that at approximately 5:45pm, the Complainant and her daughter attended our client’s residence in Glenwood following allegations that our client had not returned the children to their mother following a weekend visitation with our client. Upon attending our client’s home, an argument ensued over the children not being returned which allegedly turned violent. Our client was alleged to have punched his mother-in-law to the back of her head during the argument over the children. Our client was also alleged to have thrown a punch in the direction of his mother-in-law which missed, striking his 3 year old daughter in the face instead. Our client was also charged with intimidation offences as a result of the incident.
Our client was charged with a total of five domestic violence offences including two charges of Common Assault and three charges relating to Stalking/Intimidation. As a result of the charges against our client, the Police obtained an Apprehended Domestic Violence Order against our client, banning him from being able to contact the complainant but also his children.
Hearing at Blacktown Local Court
Our client contacted Australian Lawyers and Advocates the day after his arrest and sought advice from our highly experienced lawyers and advocates. At our client’s first court hearing date, we successfully persuaded the Prosecutor to remove the prohibition on our client being able to contact his children. Pleas of not guilty were entered to all charges before the court and our client’s matter was listed for a defended hearing.
We analysed the evidence and found that the evidence in respect of all charges was significantly lacking. We obtained a detailed version of events from our client and meticulously prepared our client’s case. After considering the evidence, we liaised with the Police Prosecutor and after highlighting numerous inherent problems in the prosecution case, all charges of Stalking/Intimidation against our client as well as the Common Assault for the alleged assault of our client’s daughter were withdrawn by the Prosecutor before our client’s defended hearing. The Prosecutor however declined to withdraw the charge of Common Assault involving our client’s mother-in-law and this matter proceeded to a defended hearing.
The complainant was cross-examined extensively, which resulted in a significant number of implausibilities being raised in her evidence. At the conclusion of the hearing, closing submissions were made on our client’s behalf as to why our client should not be found guilty of the offence before the court. The Magistrate agreed with our submissions and found our client not guilty, dismissing the charge against him. The Magistrate was also persuaded to dismiss the Police application for an Apprehended Domestic Violence Order against our client.
Outcome
The pending charges and application for an Apprehended Domestic Violence Order were raised by our client’s estranged wife in asserting family violence against our client in their family law proceedings. Any finding of guilt could have had significant impacts upon our client’s family law proceedings. Our client strenuously denied the charges against him and engaged Australian Lawyers and Advocates the day after he was arrested and charged with domestic violence offences. As a result of our thorough preparation, our negotiations with the Prosecutor and our vigorous and persuasive advocacy, our client walked out of court with all charges as well as his Apprehended Domestic Violence Order being dismissed. Our client was able to move on with his life after his name was cleared of serious domestic violence allegations and is able to progress his family law matter without the implications of being convicted of domestic violence related offences.
Why Choose Australian Lawyers and Advocates?
Domestic violence offences are serious. This case highlights the importance of engaging lawyers who are highly knowledgeable and experienced criminal law lawyers and advocates. It is important that you consult with an experienced criminal defence lawyer as soon as possible after you have been charged with or are likely to be charged with an offence. Many law firms claim to be ‘the best’ or ‘leading’ firms. At Australian Lawyers and Advocates, we let our results, reputation and high level of client service and satisfaction speak for themselves.
The content contained within this guide is expressed as a general guide as to this area of law and is not intended to contain legal advice specific to an individual’s case. If you, or someone you know has been charged with a criminal offence and requires legal advice, do not hesitate to contact Australian Lawyers and Advocates to discuss any criminal law or traffic law matters further.
