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Defending Your Rights With LY Domestic Violence Lawyers in Sydney

Are you facing criminal charges for alleged domestic violence in Sydney? If so, it is crucial to have the support and expertise of a highly experienced criminal defence lawyer who will fight for your rights, absent discrimination.

LY Lawyers is a leading law firm in Sydney that specialises in criminal defence work and represents individuals who have been charged with criminal offences. With over 20 years of experience and founded by Adam Ly, our reputation as aggressive defence lawyers precedes us.

We are dedicated to providing exceptional legal representation and achieving the best possible outcomes.

 

What Qualifies as ‘Domestic Violence’?

The term ‘Domestic Violence’ (aka ‘Family Violence’ or ‘Domestic Abuse’) is broadly defined as any act of aggression or dangerous behaviours aimed toward a family member or any person/s the accused has had an intimate relationship with – ultimately causing them to fear for their safety and well-being (see The Crimes (Domestic and Personal Violence) Act 2007).

Domestic violence is a broad and complicated allegation as these behaviours can include anything from physical, sexual, emotional, and/or psychological abuse, including financial abuse, spiritual abuse, and social isolation.

Let’s take a closer look at the different types of domestic violence:

 

Physical Abuse:

Sexual Abuse:

  • Sexual Abuse refers to unwanted sexual contact in any form, be it rape, sexual assault, unrequited intimate contact, or forcing another individual to perform various sexual acts.

Emotional & Psychological Abuse:

  • Emotional and Psychological Abuse involves any form of psychologically aggressive behaviour that causes the affected person/s to feel distressed or unsafe. This can include verbal humiliation and abuse, degradation, social isolation, and intimidation.

Financial Abuse:

  • Financial Abuse refers to the unjustified control of a person’s access to money or other vital resources as a means of controlling or trapping them in a relationship. It can also refer to manipulating a person into committing various acts with the threat of having their personal finances restricted.

Spiritual Abuse:

  • Spiritual Abuse involves the use of religious or spiritual beliefs as a means of control, or to justify negative and abusive behaviour. It can also include forcing another individual to align with one’s beliefs against their will.

Malicious Damage of Property:

  • Malicious Damage of Property refers to intentionally causing damage to someone else’s property without lawful justification. It typically involves acts such as vandalism, arson, or destruction of property.

Stalking / Harassment:

  • Stalking and Harassment in general refers to persistent and unwanted behaviour that ultimately causes the other person to live in fear and feel distressed about their personal safety. This can include following a person in the street, making suggestive threats, and/or sending unwanted messages or emails.

The important thing to remember when talking about Domestic Violence is that no two cases are the same and can involve any one or more of the above types of abuse.

This is why LY Lawyers, your chosen criminal defence lawyers in Sydney, is dedicated to solving each case individually while ensuring that all of the facts are brought to light so as to provide the best possible defence.

 

 

What is a Domestic Violence Order (DVO)?

A Domestic Violence Order (or DVO), is a legal order that prevents the accused from having certain forms of contact with another person. This is on the basis that there has been alleged domestic violence between both parties, and the other person involved is in need/feels in need of protection.  

  • A DVO may prohibit a person from making contact with another person entirely.
  • A DVO can be made against:
    • Partner
    • Ex-partner
    • Parent
    • Child
    • Sibling
    • Anyone else with whom a person has had a ‘domestic’, intimate, or familial relationship with.
  • There are several types of Domestic Violence Orders and they can vary depending on the jurisdiction, including:
    • Temporary Protection Order (TPO): A Temporary Protection Order is typically issued in emergency situations when immediate protection is needed. It serves as a temporary measure until a more formal hearing can be held. A TPO is often granted based on the petitioner’s allegations of domestic violence or abuse and provides temporary relief and safeguards for the victim.
    • Protection Order (PO): A Protection Order, also known as a Restraining Order or an Intervention Order in some jurisdictions, is a more formal and long-term order issued by a court after a hearing. It is designed to protect a victim of domestic violence and may include provisions such as prohibiting the abuser from contacting or approaching the victim, granting the victim possession of the shared residence, or establishing child custody and visitation arrangements.
    • Consent Order: A Consent Order is an agreement reached between the parties involved in a domestic violence case without the need for a formal hearing. It is a voluntary agreement that specifies the terms and conditions both parties have consented to, and it is typically approved by the court. Consent Orders may include provisions for protection, custody, visitation, financial support, or other relevant matters.
    • Order Granted at a Hearing: This refers to a Domestic Violence Order that is granted by the court after a formal hearing where both parties present their arguments and evidence. The court considers the facts and circumstances presented and determines whether to issue a DVO. The order may contain provisions for protection, custody, visitation, or other appropriate measures to ensure the safety and well-being of the victim.

 

Who Can You Turn to When You Have Been Accused of Domestic Violence?

If you have been accused of domestic violence and have had serious charges filed against you, it can have a devastating impact both on your personal and professional life. Understandably, this can lead to feelings of extreme anxiety and alienation, rendering you lost and unsure of how best to proceed – which is where LY Lawyers come in.

We are among the finest domestic violence and criminal defence lawyers in Sydney and we are here to help you tell your side of the story and build a solid defence.

 

How Our Domestic Violence Lawyers Can Help

Here’s What We Can Do For You

Our domestic violence lawyers in Sydney are well-versed in the Australian legal system and can help you safely navigate the complexities of the allegations filed against you:

Responding to allegations of domestic violence can be overwhelming, particularly if you have never had to deal with any legal proceedings before. Fortunately, LY Lawyers can help you when:

  • Addressing Unacceptable Risk Concerns in a Notice of Risk: Offering strategies to effectively handle and mitigate concerns related to unacceptable risks as outlined in a notice of risk.
  • Communicating with Police and Obtaining Complaint Information: Providing guidance on the best approach to engage with law enforcement authorities, including strategies for effective communication and obtaining relevant information pertaining to a complaint.
  • Preparing Evidence in Response to Family Violence Allegations: Assisting in the preparation of evidence to effectively address and respond to allegations of family violence, ensuring the presentation of a comprehensive and well-supported case.
  • Responding to Parenting Applications for Relocation, Exclusive Occupation Orders, Interim Property or Cost Orders, and Spousal Maintenance Claims: Offering guidance on how to respond to various parenting applications, such as those related to relocation, exclusive occupation orders, interim property or cost orders, and spousal maintenance claims. Providing strategies and legal support to navigate these applications effectively.

If you are feeling overwhelmed and would like to learn more about the Domestic and Family Violence Essentials, simply follow the link for an excellent and detailed resource from Legal Aid NSW.

So, why choose LY Lawyers as your go-to domestic assault lawyers? Here are a few factors to consider before making your decision:

  • Extensive knowledge and expertise for world-class legal representation.
  • A masterful litigation team who will fight tirelessly to secure the win.
  • A solid reputation for success both in district and supreme court trials.
  • Unbiased support; listening intently to your side of the story, supporting your needs, and building a solid defence.
  • Multiple offices throughout NSW.  
  • FREE initial consultation for your convenience.

At LY Lawyers, criminal defence cases are our sole focus. We understand the complexities and nuances of criminal law, and we are committed to providing our clients with the highest level of legal representation.

Our team of expert criminal and assault lawyers in Sydney has extensive knowledge and experience in defending clients across a wide range of criminal offences. From complex murder cases, serious fraud, cybercrime, and drug trafficking to more common offences such as drunk driving and assaulting a police officer, we have the expertise to handle any criminal matter with exacting precision.

When it comes to protecting your human rights and defending your case, having a reputable and aggressive defence lawyer by your side is crucial.

LY Lawyers has earned a strong reputation within the legal community for our unwavering dedication to our clients’ cases.

We are known for our assertive approach, tirelessly fighting for the best possible outcome.

Our lawyers are skilled court advocates who are not afraid to challenge the prosecution and present a strong defence on your behalf. 

With our extensive experience representing clients in various jurisdictions, LY Lawyers is well-equipped to handle cases across different states in Australia.

We have successfully represented clients in NSW, Victoria, Western Australia, the Northern Territory, and Queensland.

Our ability to travel and appear in courts across the country has provided us with a broad range of experience, enabling us to navigate different legal systems and achieve positive outcomes for our clients – no matter where they are in Australia.

LY Lawyers takes pride in our track record of success in District and Supreme Court Trials. Our skilled criminal defence lawyers have achieved a wealth of “Not Guilty” verdicts for our clients, demonstrating our ability to mount strong defences and challenge the prosecution’s case.

We meticulously prepare for each trial, leaving no stone unturned in our pursuit of justice for our clients.

When your freedom is at stake, trust LY Lawyers to provide you with the best possible defence.

LY Lawyers understands the importance of accessibility and convenience for our clients. We have strategically located offices to ensure easy access to our services.

Our offices are currently situated in:

  • Sydney CBD (World Tower),
  • Wollongong (Crown Street),
  • Gosford (Erina Street, Opposite Imperial Centre).

No matter where you are in New South Wales, our dedicated solicitors are ready to provide you with top-notch legal representation today!

If you are facing criminal charges and require the services of a trusted and aggressive criminal defence lawyer in Sydney, contact LY Lawyers today.

Our people are available for a free consultation to discuss your case and provide you with clear legal guidance.

We understand the stress and uncertainty that come with criminal charges in any capacity, let alone those involving domestic abuse, and we are here to support you every step of the way.

Don’t face the complex legal system alone – put your faith in the professional, qualified, reliable, and assertive team at LY Lawyers to defend your rights and secure the best possible outcome for your case.

 

Contact LY Lawyers now at 1300 595 299 to schedule your free consultation.

Frequently Asked Questions

At LY Lawyers, we understand how serious and complex domestic violence charges can be. Facing these accusations can be very overwhelming, and you may have many questions you are anxious to find answers to. As such, here are some frequently asked questions regarding domestic violence charges in Sydney, Australia, for your reference:

I've been accused of domestic violence, but it's not true. What should I do?

It’s crucial to act quickly and seek legal representation. Do not speak to the police without a lawyer present. LY Lawyers’ experienced criminal defence team can advise you on your rights and build a strong defence strategy in your favour.

How long is jail time for domestic violence?

The typical penalties for domestic violence charges can vary, depending on the severity of the offence.

Offences can range from common assault (maximum penalty of 2-years imprisonment), to assault occasioning actual bodily harm (maximum penalty of 5-years imprisonment).

LY Lawyers will fight for the most favourable outcome, which could include a dismissal of charges, a non-conviction finding, or a lighter sentence.

What happens if I'm arrested for domestic violence?

You have the right to remain silent and to speak with a lawyer. The police will likely interview you and may take out an Apprehended Violence Order (AVO) against you. This order can restrict your contact with the alleged victim and prevent you from returning to your home.

Again, do not speak to the police without a lawyer present.

How long is jail time for domestic violence?

The typical penalties for domestic violence charges can vary, depending on the severity of the offence.

Offences can range from common assault (maximum penalty of 2-years imprisonment), to assault occasioning actual bodily harm (maximum penalty of 5-years imprisonment).

LY Lawyers will fight for the most favourable outcome, which could include a dismissal of charges, a non-conviction finding, or a lighter sentence.

What usually happens in a domestic violence court case?

The court process can be lengthy, cumbersome, and complex. The prosecution will present their case, followed by your opportunity to defend yourself.

Your defence may involve disputing the facts of the case, challenging witness credibility, or arguing self-defence.

LY Lawyers’ strong court presence and proven track record will ensure your voice is heard and that you are given a fair trial.

What happens to first-time domestic violence offenders?

First-time offenders may be eligible for diversionary programmes or less severe penalties. However, each case is unique. LY Lawyers will explore all possible options and negotiate with the prosecution on your behalf.

Can a domestic violence AVO be dropped?

Yes, an AVO can indeed be dropped. This can be achieved by negotiating with the applicant (the person who took out the AVO against you), or by applying to the court for a variation or revocation of the order.

Don’t worry, LY Lawyers can guide you through this process and advocate for your best interests.

How can I beat a domestic violence charge?

While there’s no guaranteed way to “beat” a charge, a strong defence strategy can significantly improve your outcome. This may involve evidence gathering, witness testimony, or raising legal arguments related to self-defence, mistaken identity, or lack of evidence.

LY Lawyers will work tirelessly to build a robust defence for you, tailored to your specific circumstances.

Will a domestic violence charge affect my future?

Unfortunately, a domestic violence conviction can have lasting consequences, impacting employment opportunities, travel, and firearm ownership.

 

LY Lawyers will fight for the best possible outcome, which could mean a dismissal, a non-conviction finding, or a lesser charge.

What are my legal aid options for domestic violence charges?

Legal aid may be available for domestic violence cases, depending on your financial circumstances. LY Lawyers can provide guidance on your eligibility and help you navigate the legal aid application process.

How can LY Lawyers help me with my domestic violence case?

LY Lawyers has a proven track record of success in defending clients who are facing domestic violence charges in Sydney, Australia. We offer:

Highly experienced and aggressive defence lawyers: 

Our team has extensive experience handling complex domestic violence cases.

Strong court presence: 

We are confident advocates who will fight for your rights in court.

Tailored defence strategies: 

We work closely with you to understand your situation and build a defence that addresses your specific needs.

Clear communication: 

We will keep you informed throughout the legal process and answer any questions you may have.

 If you’ve been charged with domestic violence and you have no idea what to do, please don’t hesitate to contact LY Lawyers today. We understand the gravity of the situation and are committed to achieving the best possible outcome for you.

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