The charge of domestic violence can blight one’s reputation, career, and interpersonal relationships on an eternally long-lasting note. The innocent faces it like a mighty challenge; so does the one who is genuinely guilty of the crime but aims at mitigating punishment for his/her actions. At Daniel Wakim Law Firm (DWLF), we offer the highest-class defence against criminal accusations and effectively represent individuals who have been charged with domestic violence.

This blog will help you get acquainted with what domestic violence charges entail, the common scenarios that bring about false accusations, and how DWLF can help protect your rights and ensure an optimal outcome. 

 

Domestic Violence Charges: What Are They?

Domestically, violence today refers to violence perpetrated by one person in a domestic set-up with regard to another person, such as partners, spouses, or family members. Numerous forms of abuse include:

  • Hitting, punching, or causing physical harm.
  • Verbal attacks, manipulation, or threats.
  • Withholding of funds.
  • Engagement in a pattern of controlling behaviors that isolate or intimidate the victim.

Domestic violence is considered a serious crime in Australia. Depending on the severity of the crime, a range of penalties deemed fit can apply. Another consequence of such charges is it leads to the abuser being served an Apprehended Violence Order (AVO) restricting them from having contact with the aggrieved party. 

 

Understanding Domestic Violence in Australia

Domestic violence is still one of the burning issues contesting Australia today, especially against women. As per the 2012 Personnel Safety Survey (PSS) conducted by ABS, one in six women has faced violence from their partner, with Rosie Butter, the former Australian of the Year, describing it to be an “epidemic” during her Valedictory Speech. Distressing figures from Access Economics inside suggest around 1.6 million Australian women older than 15 have experienced domestic violence at some points in their lives.

Fighting against domestic violence has been one of the greatest priorities of NSW and Australia as a whole. There has been advancement in initiatives from the government, advocacy from women’s rights groups, and deliberation from a national summit like the one held in October 2016, but there remain tasks to be completed in favor of helping victims and punishing perpetrators.

We provide compassionate, expert legal counsel for any person involved in domestic violence cases at Daniel Wakim Law Firm-whether it is for protection through an AVO (Apprehended Violence Order) or for representation in complicated legal matters. Our panel of domestic violence lawyer makes sure that every single client receives proper counseling and legal expertise to navigate through these complex processes.

If you or someone you know requires assistance with an AVO or needs to enlist the services of an experienced domestic violence lawyer to defend against actions, our office is here to help. Together, we can strive toward achieving justice and safety for all. 

 

FAQs about AVOs and False AVO Claims

1. How are AVOs issued in NSW?

AVOs or Apprehended Violence Orders are granted under the Crimes (Domestic and Personal Violence) Act of 2007 in NSW. There are two ways to apply for an AVO:

  • Through a privately engaged domestic violence lawyer or independent advocacy service.
  • With the police making the application on behalf of a person seeking protection.

There are three ways to issue AVO happening through:

  • An order granted without a court appearance, usually due to imminent danger.
  • Temporary orders granted until the case is heard in court.
  • The final order was granted by a magistrate only after a hearing in court regarding the matter.

2. What is considered a false AVO claim?

A false AVO claim is any kind of badly exaggerated, vexatious, or even out-and-out dishonest claim lodged against another person, with the objective of discrediting the accused person and securing protection for the complainant underneath an AVO. Common motivations for false claims include:

  • Seeking revenge or punishment.
  • Gaining an advantage in legal proceedings, such as custody disputes.
  • Damaging the accused person’s reputation.

For instance, a Sydney man had to spend in excess of $200,000 to clear his name when some baseless accusations were thrown against him.

3. Are false AVO claims common?

Regrettably, falsely claiming AVOs is not unredeemable. Domestic violence is a serious scourge and runs strong, yet there are those forced unto its abuses for personal profit or sheer vindictiveness.

False claims hurt not only the wrongly accused but also act as a dimming shadow on the promotion of genuine victims. 

4. Is it illegal to make false AVO claims?

While the act of falsely filing for an AVA may not itself constitute an offense (as an AVO is a protective order and not a charge), such actions would breach Section 314 of the New South Wales Crimes Act 1900. The prosecution will have to prove beyond reasonable doubt that the accuser in fact: 

  1. Made an accusation against someone.
  2. Intended for that person to be investigated.
  3. Knew the accusation was false.
  4. Knew the accused person was innocent.

The penalty for making false accusations can be up to seven years imprisonment. However, these cases can be challenging to prove.

5. How can you defend against a false AVO claim?

If you have been falsely accused, some of the remedy steps could include the following:

  1. Produce records of communication, witness statements, and any documents which would dispel the accusation.
  2. With the assistance of a domestic violence lawyer, search for contradictions in the accuser’s statements or gaps in their evidence.
  3. Use the protection of the court process to show the accuser’s allegations lack credence.
  4. Get an experienced attorney to guide you through the legal process and make sure your rights are protected. 

6. Can you clear your name if accused falsely?

Yes, with the help of an experienced criminal defence lawyer, false AVO claims can often be dismissed. A skilled lawyer will challenge the evidence and ensure that the court sees the inconsistencies or motivations behind the false claim.

7. Why is anonymity important for the accused?

Advocates argue that the accused should remain anonymous during trial proceedings until proven guilty. This helps:

  • Protect their reputation.
  • Prevent public judgment based on unverified accusations.

8. What are the laws protecting people from false AVO claims?

While false AVO claims themselves are not always punished, making a false accusation with intent to harm is a criminal offence. The law ensures that:

  • Evidence presented in court is scrutinised.
  • Defendants have the opportunity to challenge accusations.

9. What should be done if a person is charged with an AVO on false claims?

If someone receives an AVO based on false claims, they should do the following:

  • Breaching an AVO, even though it is based on false allegations, is a criminal offence.
  • Early advice on legal matters enables one to know his/her rights and build a defence.
  • Maintain records of the interactions and collect documents proving your innocence.

 

How DWLF Defends Accused Domestic Violence Clients

Every person deserves a proper defense. Here at Daniel Wakim Law Firm, we value professionalism, integrity, and success in achieving justice for our clients. Here’s how we can help:

  1. Thorough Case Assessment

The first part of your defense is a thorough review of the case. We will look at the allegations, evidence, and police reports to pinpoint any inconsistencies or gaps in the prosecution case. With this we can ensure we leave no stone unturned.

  1. Exploiting False Accusations

If you are falsely accused, we will work tirelessly to find out the truth. This may include: Taking statements from witnesses. Checking electronic communications – for example, texts or emails. Reviewing police procedures for flaws

  1. Bargaining Down Charges

To those who confess that they are wrong, we minimize the severity of the charge. In plea bargaining, we try to get lesser sanctions or preventive measures like guidance counseling or community service.

  1. Fighting Your Case in Court

If your case goes to trial, our experienced staff of defense lawyers will build a solid defense to present evidence and cross-examine witnesses while representing the case before the court. 

Defending against false AVO claims requires a skilled and experienced legal team. If you’re facing such allegations, Daniel Wakim Law Firm is here to help. Contact us today for expert advice and representation.