Criminal Offences
Criminal offences range from minor infractions to serious crimes, with penalties from fines to imprisonment. Knowing your rights is essential.
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We understand that no matter what criminal offence you are charged with, you may feel helpless because you don’t understand the Australian criminal law. But whether you are charged with simple domestic violence and traffic violations, or drug and sexual assault crimes, we will do our best to make the charges:
- cancel completely; or
- downgrade; or
- is found not guilty at the hearing; or
- Help you get the lightest sentence after pleading guilty (e.g., no criminal record, no jail time, etc.)
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To help you understand the basic criminal law knowledge regarding your charges, please learn about your criminal charges in the following categories.
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Apprehended Violence Order (AVO) is called an Apprehended Violence Order, also known as a restraining order or a protection order. AVO is an order issued by the court to protect a person who is at risk of violence (PINOP) from further violence, intimidation or harassment. Most of the time, Apprehended Violence Orders are issued for legitimate reasons. However, according to surveys, the abuse of Apprehended Violence Orders is becoming more and more serious. Some applicants will use Apprehended Violence Orders to retaliate against their partners or increase their chances of winning family law or civil lawsuits. At the same time, some people will use this order to speed up their visa applications. If you suspect that you are encountering a similar situation, please contact our criminal defense lawyer team in time to customize a suitable solution.
In addition, if the police are concerned about the personal safety of the PINOP, the police may apply for a temporary restraining order for the PINOP (without the PINOP's consent). This type of restraining order is called a Police Apprehended Violence Order (Police AVO), and is mostly issued when the PINOP is violently treated or sexually assaulted. In addition, the PINOP can also apply for an Apprehended Violence Order on their own, which is called a Private Apprehended Violence Order (Private AVO).
There are two types of Apprehended Violence Orders:
If you are charged with violating an AVO & ADVO, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
1. State and Territory Laws
- Each state and territory has its own laws to deal with family violence cases, for example, the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales and the Family Violence Protection Act 2008 in Victoria.
2. Domestic Violence Orders ( DVOs )
- Protection Orders : Used to prevent further domestic violence, protection orders may include prohibiting the offender from approaching or contacting the victim.
- Temporary Protection Orders : In emergency situations, victims can apply for a Temporary Protection Order to protect their safety immediately .
3. Criminal Code
- Physical Violence : Using physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may also constitute a criminal offense and be punishable by law.
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
1. Criminal penalties
- Physical violence : Under the Criminal Code, engaging in physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may constitute a criminal offense and is punishable by law.
2. Breach of a domestic violence order
- Violating a protection order : If the offender violates a protection order, they may face fines, jail time, or other legal consequences.
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Domestic violence includes physical violence, mental/psychological abuse, sexual violence, economic control and social isolation. These forms of violence control and infringe upon the victim through physical harm, verbal insults, forced sexual behavior, economic manipulation and social restriction, causing serious physical and mental health problems and long-term psychological trauma, and causing the victim to lose self-esteem, freedom and external support.
The following are the specific types:
If you have been charged with theft, burglary, and robbery, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
If you have been charged with an animal-related crime, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
If you are charged with a drug offence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
If you have been charged with sexual assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
If you have been charged with possession of dirty money and money laundering, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
If you are charged with murder with intent to commit homicide, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Definition : Social isolation is the process of isolating a victim by limiting their contact and communication with the outside world.
Expression :
- Banning victims from contacting friends and family
- Restricting the victim from social activities
- Take control of the victim's phone, email and social media accounts
Impact : Social isolation can cause victims to lose external support, increase their sense of loneliness and helplessness, and further aggravate psychological stress.
Definition : Economic control is the manipulation and restriction of a victim's economic resources to control their behavior and freedom.
Expression :
- Prohibiting the victim from working or limiting their job options
- Control over the victim’s income, bank accounts, and financial decisions
- Denying living expenses or depriving victims of basic necessities
Impact : Financial control can cause victims to lose their financial independence, increase their dependence on the abuser, and make it difficult to escape the violent relationship.
Definition : Sexual violence is any form of sexual behavior that is forced upon a person without their consent.
Expression :
- Rape or sexual assault
- Forcing the victim to perform sexual acts or watch pornography
- Exchanging sex for other actions or items
Impact : Sexual violence not only causes physical harm to victims, but also seriously damages their mental health and leads to problems such as post-traumatic stress disorder (PTSD).
Definition : Emotional or psychological abuse is the violation and control of the victim's psychological well-being through words, behavior or other means.
Expression :
- Persistently demeaning, insulting, or humiliating the victim
- Threatening, intimidating or manipulating the victim
- Isolate the victim and limit contact with family and friends
- Threatening victims with children or pets
Impact : Emotional abuse can seriously affect the victim's self-esteem and confidence, and may lead to psychological problems such as anxiety and depression.
Definition : Physical violence is the use of physical force to harm or threaten a victim.
Expression :
- Pushing, hitting, kicking, slapping
- Using weapons or objects to injure the victim
- Choking, tying up or restraining the victim
Impact : Physical violence not only causes obvious physical harm, but can also lead to long-term health problems and psychological trauma.
If the two people involved are not related by blood or family, such as neighbours, friends or colleagues, an Apprehended Personal Violence Order (APVO) will be issued.
Factors that determine an Apprehended Violence Order:
- – PINOPs are afraid of the prohibited person’s behavior (usually violent behavior);
- – This behavior is not permitted (consent) by PINOP.
Although an AVO is not a true criminal offence in itself, it will be permanently recorded. Brightstone Legal has handled many cases involving AVOs and has concluded that there are generally two ways to deal with AVO charges: 1) Chinese clients generally deal with it by accepting the restraining order but not agreeing to the facts alleged; or 2) not accepting the restraining order (which automatically includes not agreeing to the facts alleged) and going to court. From asking the judge to issue procedural orders in favor of the defendant through the court, collecting evidence, writing testimony, cross-examination at the hearing, to closing arguments, every step requires an experienced criminal defense lawyer to ensure that the litigation process and the chances of winning are maximized. Brightstone Legal has a team of reliable and experienced criminal lawyers. Our professional defense lawyers are passionate about achieving excellent results for our clients and maintaining high client satisfaction. Whether you are accused of domestic violence or facing related criminal charges, no matter what your specific situation is, we will work hard to ensure that you get the best result. For related questions, please call (02) 9223 1999 to contact the Brightstone Legal criminal team.
For criminal prosecutions of a domestic violence nature, please click on the link in Mingshi’s column .
If the two parties involved are relatives, live together or have an intimate relationship, or have had such a relationship before, the authorities will issue an Apprehended Domestic Violence Order (ADVO). For example:
a. Both parties have cohabitation, intimate or marital relationship
b. Both parties live under the same roof (e.g. parents and children, roommates)
c. Both parties are or have been in a dependent care relationship (including paid caregivers)
d. Both parties are relatives
Apprehended Family Violence Orders may also be made for Aboriginal or Torres Strait Islander people if the offender is a family relative or extended family .
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