It is a criminal offense when one of the two people in a relationship abuses the other person physically. Many times the victims of domestic violence do not come forward with their problems because of certain emotional factors. However, if you are a victim of physical abuse or you have been falsely blamed for domestic violence, then I urge you to come forward with your problem.
My name is Matthew Buckley, and I am a legal specialist when it comes to offering justice to a victim of domestic violence. Also, I find myself equally responsible for proving the innocence of a person who is falsely accused of domestic violence. Being a reputed domestic violence lawyer in Sydney, it is my obligation to guide you in circumstances when you are caught up in a complex situation of domestic violence.
Domestic violence and family violence is a crime. Whether it is India or any other country like Sydney or London. It is mandatory to inform the police of any concerned government-aided community for help. In case you want to file a case for domestic violence, then a lawyer can help you.
Domestic violence is never a personal issue. It is a state of concern for every individual. It is important for everyone to know their rights and the laws made against such violence or act.
A Domestic violence lawyer can be hired to fight for you in the court of law. Concerning domestic violence lawyer in Sydney, it is really offensive in case of domestic violence. The domestic violence in Sydney is covered by the crimes act 2007. Section 16 of the act considers acts of physical violence, intimidation, and domestic relationship as an act of domestic violence. The culprit must be charged under the apprehended domestic violence.
In case you are arrested under the domestic violence offense, it is important to inform the police that you wish to seek a legal representative, generally a domestic violence lawyer. You should then book an appointment with the lawyer in order to discuss the merits of your arrest. You also need to ask your domestic violence lawyer about any available option in order to rescue yourself from the punishment under the crime. The Australian government is much concerned about domestic violence in the country. Though domestic violence is prevalent in society. There are severe consequences that may occur to a person who is accused of this act.
Today, domestic violence is a common occurrence in Australia. Hence, if you find yourself entangled in such situations, then it is necessary to obtain legal representation as soon as possible. As an experienced solicitor, I can guarantee you complete legal support and guidance so that you can come out of this difficult circumstance courageously.
The police and all other legal systems of Australia are there to protect the people of their country from domestic violence. In case you are caught in the act, the police inspect the entire case. If in the investigation the police get any such kind of proof or hint about domestic violence happening or a hint of it to happen. Then the police take an apprehended violence order.
Certain laws and orders related to family issues are made by the Australian family court. They contain a paren2ting arrangement for a child or the separation of assets between you and your former spouse. In case you have apprehended violence order as well as a parenting order then the later overrides, only in case if the order state different things. All these decisions depend upon the points your domestic violence lawyer puts forth in the court.
The statement will be taken and the police will charge the defendant with the criminal offense and also take out an apprehended violence order. You can then ask the police for any kind of legal representative like a domestic violence lawyer to ask the reason for the arrest.
Audio or video evidence of yours would be taken to cover the details of your experience. This recording would be done by the police and will be called Domestic violence in chief. The defendant, as well as the one filing the case, can have the legal representative or the domestic violence lawyer in order to fight the case.
A domestic violence lawyer can fight in the case includes any of the issues with the following
– Family members (including children) even if the victim doesn’t live with the offender.
– Wives, ex-wives, husbands, ex-husbands, spouse or ex-spouse.
– Ex-partner’s new partner
The domestic violence lawyer should be appointed in case you need to file a case relating to domestic violence or you are alleged to any of the act under violence.
Types of acts and the need for domestic violence lawyer along with the charged penalty:
Aboriginal or a Torres Strait Islander- it relates to a person who is part of the extended family in accordance with the indigenous kinship system of the person’s culture.
Depending on the severity and the nature of the domestic offense committed, penalties could be charged against the proved victim, there are criteria and amounts charged by the domestic violence lawyer.
The penalties for domestic violence offenses are found in various sections of the Crimes Act in 1900 and the Domestic And Personal Violence Act of 2007. Accordingly, you can book an appointment with any domestic violence lawyer.
Some of them are –
The most commonly imposed penalty by the Court is a sum of amount fined to the culprit. The maximum penalty for someone who is found guilty by the court if common assault can be a jail sentence for up to 2 years. A domestic violence lawyer can be called up for support in this case in order to either rescue the victim or ask a lower rate of fine.
Classified as a table 2 offense, which is more intense as compared to the common assault. Assault Occasioning Bodily Harm, if heard in a District Court, gets the offender a maximum penalty of 5 years of imprisonment. You have to appoint a domestic violence lawyer in order to present points in your favor in front of the district court.
This type is a table 1 offense, Reckless Wounding provides a maximum penalty of 10 years imprisonment. A domestic violence lawyer can help you reduce the number of years of penalty charged on you. The domestic violence lawyer also has the power to increase the severity of the charge if he is hired by the culprit.
In case, the crime has committed is in a company, the maximum penalty increases to 14 years of imprisonment. And if in case, the case is dealt in a Local Court, the maximum penalty for Reckless Wounding is reduced to a maximum of 2 years of imprisonment. Your domestic violence lawyer would act as a favor to you in the local court and help reduce the penalty.
If the local Court convicts then the maximum penalty for someone who causes mental or physical harm to another person is imprisonment for 2 years or is charged a fine of $5,500. However, if the conviction is made in a District Court, the maximum duration of the punishment is 5 years. The domestic violence lawyer you appoint should have enough proof to your rescue in both the courts.
It is not necessary that the convicts are always subjected to the Apprehended Domestic Violence Order (ADVO). This is because whenever an ADVO is granted, it doesn’t necessarily state that the defendant has a criminal record. However, to avoid such charges it is necessary to avoid any kind of activity that may be considered under the act of domestic violence. You should contact domestic violence lawyers in order to state your points and clear the concept in case anything happens unintentionally.
The domestic violence lawyer teaches you about the consequences of the charge alleged on you. You may also ask your domestic violence lawyer. For the strict rules that the government implies on domestic violence. It is not always that your lawyer would be able to rescue you from the charges. But keeping a domestic violence lawyer would surely present your point in the court.
Your domestic violence lawyer can make attempts in order to reduce the penalty or the fine charged by the court on to you, if you are the culprit and also do the best to get to justice if you are among the victims.