Assault cases, particularly those in the context of domestic relationships are taken very seriously by the NSW Police and the Courts. Understanding what constitutes common assault and how is domestic relationship defined is crucial. In this blog, we will delve into the key aspects of what is commonly referred to common assault dv t2 along with the role of a Criminal lawyer in Sydney.
1. Defining Common Assault
Common assault can be an intentional or reckless act that causes another person to apprehend immediate unlawful violence. It does not require actual physical contact but focuses on the threat of unlawful physical violence. Common assault charges can include minor altercation to more serious incidents, depending on the circumstances.
2. Common Assault DV related
Common assault in the context of domestic violence requires common assault and a domestic relationship between the accused and the other person.
A person has a “domestic relationship” with another person if the person:
- is or has been married to the other person, or
- is or has been a de facto partner of that other person, or
- has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
- is living or has lived in the same household as the other person, or
- is or has been a relative of the other person.
3. Legal Consequences of Common Assault
Common assault carries a maximum penalty of up to 2 years imprisonment. Guilty pleas or being found guilty of common assault can lead to convictions, fines, community service, and imprisonment. The sentence will depend on many factors such as seriousness of the offence, criminal history of the offender, stage of guilty plea, any mental health issues and many other factors.
4. Apprehended Violence Orders (AVOs)
Charges of common assault dv t2 will include with it an application for Apprehended Domestic Violence Order (ADVO) which seeks to protect the victim from domestic violence by imposition of conditions that modify the behaviour of the defendant. For more information on AVOs and ADVOs click here.
5. The Role a Criminal Lawyer in DV matters
Hiring an experienced assault lawyer Sydney is crucial for defendants.
Defence: Defendants in common assault cases need legal representation to ensure their rights are protected. A skilled lawyer can provide a strong defence, challenge prosecution evidence, and work to secure the best possible outcome.
Further, an accused in DV matters is prohibited from cross examining complainants and can only do so through a Court Appointed Questioner.
6. Evidence in DV matters
In common assault dv t2 cases, the complainants evidence in chief is adduced through Domestic Violence Evidence in Chief (DVEC) which is a prerecorded video statement of the complainant obtained at the time of the initial complaint. It is important for the allegations in the DVEC to be reviewed by a criminal lawyer who can advise on whether the allegations can be rebutted by defence evidence.
Conclusion
Common assault in the context of domestic relationships are treated very seriously. If you have been charged with common assault dv t2 or any domestic violence offences, its critical to seek legal advice from a Criminal Lawyer.
