What Youve Heard

Effective law firms are surely needed to solve your family issues. Family issues are delicate and need to be handle by experts in a different manner altogether. Family means a bunch of people who are close relatives and no one wants to hurt them in general. That is why the expertise is demanded not in form of a professional but also as a human being.

Family problems may vary from adoption laws, alimony, domestic violence, child abduction, pre and post nuptial agreements, divorce, same sex marriages, bigamy, and adultery, sharing of pension, family property harassment and health issues as well. So there could be many reasons of moving to court of law for justice. For this people need an effective family law advice from effective lawyers who can help them in the best possible way with either or more of these problems.

Hence there is a need of effective law firms to solve your family issues. These law firms will are needed so that they can be interpret and decode legal terms in simpler words. This decoding will be helpful for everyone as people can understand their option in the best possible ways. In other words good family lawyer can make a family understand about the outcome of situation.

It needs to be mentioned in this regard that the successful lawyers have another quality which is being compassionate towards people. They will help their clients in the right way and help them take a proper call. On one hand they can help their clients find a new home if they are thrown out of the house and fight for their rights. Besides they may also help save a marriage other than that! Well to be honest this is a protocol of the legal profession.

Additionally an effective lawyer while solving your family issues will be able to support you all through. This is another practice followed by reliable legal professionals all across the world. They need to comprehend and ease the tension already created in their client

The police can be of great service to prosecutors when it comes to finding witnesses to a crime and to following the evidence to a suspect. However, sometimes the defense is going to realize that there seems to be key evidence missing or witnesses that have not come forward: the defense attorneys are going to find a basis for reasonable doubt.

However, in order to know that their assumptions about their client's innocence are correct, they will need to conduct a criminal defense investigation.

A private investigator serves an important role in a criminal defense investigation. In this case, that role is to find witnesses and evidence that will establish reasonable doubt - that will show the jury that there is reason to believe that the defendant is not actually responsible for committing the crime.

When an attorney uses a private investigator in a criminal defense investigation, that investigator will take the time to understand the charges and the laws that relate to the crime. Once there's an understanding of the case in question, the private investigator will go over all of the materials that the defense team has received from the prosecutor.

During the course of the criminal defense investigation, the private investigator will go through routine reports from the police, everyday paperwork as well as copies of evidence, photographs, phone messages and witness statements related to the case. The goal of this is to determine whether or not there are any inconsistencies from one witness to the next or between the conclusions drawn and the evidence.

In addition, during a criminal defense investigation, a private investigator may re-visit the crime scene to see if there was anything that had been overlooked. He or she may also interview witnesses to see if their stories have changed or to verify that they do not have anything else that motivated their statements against the defendant.

Inconsistencies and ulterior motives that a private investigator discovers during the course of a criminal defense investigation may be able to be used as a part of the client's defense. Similarly, if during the course of the criminal defense investigation a private investigator discovers that there are other witnesses who had not come forward or evidence that was not considered previously, he or she can then look into these developments further.

In some cases, that may mean that a search is conducted to find these other witnesses. In other cases, it may mean conducting interviews or doing background searches. In others, there may be other parts of the criminal defense investigation that are assigned to a private investigator - tasks that he or she is uniquely qualified for and that will keep the defense team free to focus on the legal proceedings and other cases that they have.

During the course of a criminal defense investigation, a private investigator can help to ensure that an innocent client will not be found guilty - all without taking away from a defense attorney's busy schedule. In other words, bringing a private investigator into a criminal defense investigation, defense attorneys are able to focus on the court system while a private investigator conducts the investigation.

Partners and spouses will be aware of the 3 types of financial agreements under the Family Law Act (Cth.). These financial agreements are as follows:

- Pre-Nuptial Agreements (Section 90B)

- Post-Nuptial Agreements (Section 90C)

- Post-Divorce Agreements (Section 90D)

Post-Nuptial Agreements are commonly used to formalize property settlements after a breakdown of marriage, as an alternative to Family Court consent orders and to make a binding provision in relation to spousal maintenance.

Post-Divorce Agreements, on the other hand, are not as common. This is an agreement made after the parties have divorced. Such agreements deal with property acquired up until the time of divorce.

Whilst Victoria, along with other State Parliaments, save for Western Australia, have agreed to refer their powers over defacto and same-sex property matters to the Federal Government, Victorian courts still exercise power over cohabitation agreements entered into between two partners who intend to live together. This power is exercised in Victoria under Section 285 of the Property Law Act 1958 (Vic.). This section gives Victorian courts the authority to adjust the interest of domestic partners in property which either or both may own in terms that appear just and equitable having regard to a number of factors such as:

- Financial and non-financial contributions made directly or indirectly by the domestic partners to acquiring or improving any property; and

- Contributions made by either of the domestic partners as to the welfare of the other domestic partner or to the welfare of the family including any children.

Increasingly, partners considering cohabitation (as opposed to formal marriage), and either have no children from previous relationships or who do not wish to have any children from the current relationship, are entering into cohabitation agreements pursuant to the Victorian Property Law Act 1958.

The primary purpose of such a cohabitation agreement is to protect the assets of each party in the future. The agreement provides that should the relationship end, each party will leave the relationship with those assets which he or she brought into the relationship. Only jointly acquired assets fall into the asset pool for distribution by Victorian courts pursuant to the powers provided by Section 285.

Cohabitation agreements under the Property Law Act 1958 are often sought by partners to relationships who own substantial assets and who wish to preserve those assets if the relationship ends unexpectedly quickly.

These cohabitation agreements are not as formal as their counterparts under the Family Law Act. The State cohabitation agreements, however, can be just as influential. They should be treated by the domestic partners (and by their respective legal advisors) as serious documents.

State courts are more likely to uphold cohabitation agreements pursuant to statutes like the Property Law Act 1958 than are either the Family Court or the Federal Magistrates' Court when requested to uphold the three types of financial agreement possible under the Family Law Act. This is primarily due to the fact that financial agreements under the Family Law Act will often need to make provision for spousal maintenance in the context of a marriage which may have lasted for many years and also make financial provision for the education, welfare and support of children under the age of 18.

Clients should be advised, however, that agreements under Section 285 of the Property Law Act are not definitive. Such cohabitation agreements will not necessarily finally determine the distribution of assets in the event of a relationship breakdown. However, the cohabitation agreements may be taken into account by Victorian courts in their determination of what is a just and equitable resolution of the distribution of property when the domestic relationship has ended.

Clients should be advised that the longer a domestic relationship lasts, the less likely it will be that Victorian courts will enforce a cohabitation agreement which was drafted, for instance, many years previously when the domestic relationship was only just commencing in circumstances where one partner has been the effective homemaker, or where, contrary to initial plans, the partners did decide to have children. In those circumstances, clients would be best advised to enter into a pre-nuptial agreement under Section 90B of the Family Law Act or, at the very least, enter into an updated cohabitation agreement under Section 285 of the Property Law Act 1958 (Vic.).

Clients must also understand that any type of pre-nuptial agreement (whether under the Family Law Act or the Property Law Act) are subject to the normal contractual rules of enforceability. In other words, if the agreements have been entered into by virtue of duress, undue influence, fraud, or mistake, no court will enforce the agreement and property will be divided in accordance with relevant legislation.

Clients should also be aware that financial agreements under the Family Law Act and cohabitation agreements under the Property Law Act should be accompanied by effective estate planning. At a minimum, clients are best advised to effect wills when entering into pre-nuptial agreements to ensure that their individual property is divided in accordance with their specific wishes rather than in accordance with the statutory formula set out in the Administration and Probate Act 1958 (Vic.).

The average person may not even know how to begin looking for a good lawyer. There are many source of information with daunting names like the attorney public records or certified lawyer referral service, but once you get the break down of how everything words together it's pretty simply.

Referrals from business associated and / or family

Our daily lives are heavily under the impact of the legal system of where we live and one day you may need the services of a Criminal Lawyer. This might be subtle, but this is true in all places around the globe. Everything must be conducted according to the existing law; from insignificant thing like walking on the street to very important thing like declaring a war. Moreover, the world that grows rapidly causes several changes. This is the result of the financial loss, new technology, and bad relationships. The changes can cause people who have no bad intention to make a bad mistake which will lead them to the service of criminal defense attorney. Unfortunately, the attorneys are not a perfect help. They will prefer to do collaboration with their clients so that they can help the clients optimally.

Quality time: The easiest way to create a good cooperation with your lawyer is by coming to the meeting that the lawyer has set. This meeting is important for you to discuss everything about your legal problem. There are too many bad examples on the ignorance of the clients. In America only, most clients who have problems with circuit and juvenile cases fail to meet their lawyers.

Meetings with lawyer are crucial, so if your attorney wants to meet you, make sure you say yes. You can even help him or her more by preparing your case's detail, documents, or witnesses. Your lawyer is definitely a busy person. Thus, if you are unable to meet him in certain meeting, call him and reschedule the meeting. The moment before the trial start is not the perfect time to conduct meeting.

Be honest: Be aware who your lawyer is. He or she is not your friend, your priest, or even your parent. The point is that you must never justify, exaggerate, and change any fact in front of your attorney. Just provide things that you remember to be the truth. Your attorney will help you with your case no matter what has happened before. However guilty you might be, they will still give you legal advices, getting you the defenses, and honestly telling you about possible resolutions.

More honest information from your part will be resulting in better defenses from your defender. But if you lie, you cannot expect a good relationship between two parties since there will be no trust. This can lead to unfavorable outcomes that will make you less happy in the end.

The proof is everywhere: In the courts of criminal cases, right or wrong sometimes does not matter anymore. The only valid things are witness credibility, constitutional questions, or best evidence. If the trial has only two witnesses, one from each party, the winner of the case usually is the party that can provide the witness who can tell better story and presenting facts more consistently.

So, help your lawyer finding better defense for you by providing him the details, alibis, witnesses, and corroborating information. If you are not anywhere near the crime scene when it happened, provide proof. You can show restaurant receipts, contact, toll slips, property titles or maybe statements from your associates.

You must not be complacent when you are accused for things that you did not do, even if you cannot actually do it. Everything can happen in the court, and the innocent not always win in the end.

People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can't change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.

1. The lawyer must care about the result and the client's well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person's life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

4. Consider the effects of a criminal case on a person's profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.

5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn't you want to do it in your own defense. It costs money but it would be "penny wise and pound foolish" to skimp on this part of your defense - that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any San Francisco criminal defense attorney must be sure to understand the "elements" of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn't know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

11. Trial

Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.

When conducting due diligence research work, part of the process is free online searches for criminal records. You will be amazed to know how much you can learn through the Internet alone. A diverse medium, the Internet offers several web portals to tons of public record information which can help you with your free online searches for criminal records. Below are some of these websites, along with brief descriptions of the type of information they contain.

Just one more thing before conducting your free online searches for criminal records using the list of site below, understand that there is no such thing as a "nationwide" database of public records available either on line or off line. The closest you're ever going to get to a nationwide database is the FBI database and that is not considered public information. Therefore, your only choice in widening the scope of your free online searches for criminal records is to check out every available database out there. Doing it online is much cheaper and way more convenient than having to go out there and manually retrieving information from office data files.

Free Online Searches for Criminal Records: http://ATF.Treas.gov - ATF Online

ATF Online website is an initiative by the Bureau of Alcohol, Tobacco, Firearms and Explosives (U.S. Department of Justice) in its continuing effort to combat violent crime in cooperation with other federal, state, and local law enforcement agencies. The site provides a list of most wanted individuals upon whom outstanding warrants of arrests were issued.

This is an excellent website to check out while doing your free online searches for criminal records. Here you can find wanted persons who fit the following description: seriousness of the crime committed, past criminal record of the defendant, potential for the defendant to be a dangerous menace to society based on the current or past charges, and belief that publicity afforded by the program will be of assistance in apprehending the wanted person.

Free Online Searches for Criminal Records: http://USDOJ.gov - U.S. DEA

The U.S. Drug Enforcement Administration keeps a list of DEA fugitives. You can use this as a resource in your free online searches for criminal records. The list includes the first and last name of the fugitive, accompanied by a photo. If you click on any of the names, the page will show you some more additional details about the person, such as offense information, jurisdiction, alias, race, last known address, et cetera.

Free Online Searches for Criminal Records: http://BOP.gov - Bureau of Prisons

The Federal Bureau of Prisons is responsible for the custody and care of sentenced Federal inmates, as well as a significant number of pretrial detainees and pre-sentenced offenders for the U.S. Marshals Service and the Immigration and Naturalization Service. This is also another excellent resource that would greatly aid you in your free online searches for criminal records. Use the inmate locator to search for a particular subject in a particular prison facility. There also links where you can learn about visiting information, as well as an explanation of the differences between Federal, state, and local inmates.

Free Online Searches for Criminal Records: http://USTreas.gov - United States Secret Service

Another government agency that keeps online lists of most wanted individuals is the U.S. Secret Service. You can also use the information and photo provided in your free online searches for criminal records.

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Fortunately, most of us do not have to hire a lawyer very often. This means that when we do need a lawyer we may not know where to turn. If you are in a situation where you need legal representation, it is important to make a smart choice. A competent lawyer saves you both time and money. Above all, knowing where and how to look for that competent representation is very crucial mostly when you need help quickly.

Determine what type of lawyer you need

The type of lawyer that you need is determined by what you legal situation is. If you are in trouble with the law, you need a criminal lawyer, but if you are trying to collect delinquent payments, a business attorney will meet your needs. And if you are not certain about the type of legal help you need, a simple keyword search on the Internet relating to your problem should narrow the choice for you.

Find lawyers in this specialty

Finding a lawyer in the specialty is easy enough. The yellow pages of your telephone book will likely have more than enough to choose from. You may want to do a little more research before narrowing the field down still further. Check with your state

If you do not choose the right immigration lawyer you could find yourself getting thrown out of the country, whatever country that may be. In order to be allowed to stay you need to have a good immigration lawyer on your side.

This may sound scary and daunting but the good news is that it is easier than ever to get in touch with a good immigration lawyer. The internet makes it so easy to find and interview all kinds of immigration lawyers. This is a very important step when it comes to finding the perfect lawyer. You need to interview each and every immigration lawyer that you are considering in order to get a feel for whether or not the lawyer is the right one for you. Your immigration lawyer needs to be someone that you feel you can trust and someone who has your best interests at heart. If you are unsure of this then you need to move onto another candidate.

An immigration lawyer is going to cost you a pretty penny but the best way to look at it is like an investment in your future and that of your family. Sure, you may have to put out a lot of money but you will be able to stay in the country and your family will be able to continue living the life they have come to love. If you cannot find the money to help you pay for your immigration lawyer then you may need to look to other ways to get an immigration lawyer. There are services that can help you to find and obtain the services of a good immigration lawyer for an affordable price. Some of these services are specific to where you are from while others are simply concerned with the fact that you do not have the money to pay for an immigration lawyer.

The sooner you can get an immigration lawyer the better. You need to be able to give your immigration lawyer time enough to plan a good strategy. There are many facts that need to be checked and double checked by your immigration lawyer and you cannot afford him or her to cut any corners if you want to be able to stay where you are. The immigration lawyer that you choose is going to mean the difference between you succeeding in your case and failing.

Even if you cannot afford to pay for an immigration lawyer you need to at least meet with one and get some much needed advice. Getting the proper advice is absolutely vital to your success. If your family wants to stay where they are you are going to need to get as much information from your immigration lawyer as you can afford. This is easy to do and if you have not yet met with an immigration lawyer you need to do it today.

According to Indian Penal Code, definition stands as- whoever volunteers causes a woman with a child to miscarry shall (except done under MTP Act) be punished with imprisonment of either description for a term which may extent to 3 years, or with fine or both.

Definition-

The law in America is a complex system; do you know and understand your rights?

As well as having laws in place to protect people from harm and to encourage good social values within a community, laws are also guidelines which people are expected to live by. The federal government has laws, while each state and its municipalities also have statutes and local ordinances; however, no state or municipal laws can override federal law in the United States of America.

There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.

Domestic Violence

Apprehended Violence

Apprehended Violence Orders ("AVO") are preventative and intended to provide protection against apprehended breaches of the law. A typical order will also prohibit a person from conduct that is less than criminal such as harassing and intimidating the person in need of protection ("PINOP") and stop the defendant attending places frequented by the PINOP. A knowing contravention of an order is a criminal offence punishable by up to two years imprisonment.

AVOs fall into two catgegories. Apprehended domestic violence orders (ADVOs); and Apprehended personal violence orders (APVOs). The defining characteristic is the relationship between the PINOP and the defendant. If you are in a domestic relationship with the one you fear you get an ADVO, whilst everyone else gets an APVO. There is no great difference once an order is in place and the process is broadly similar.

ADVOs are commonly applied for and obtained in response to an allegation of domestic violence. Frequently the parties will continue to live together or resume cohabitation at some stage during the proceedings. Proceedings for an ADVO will run in tandem with criminal prosecutions generally for assault or malicious damage. The police will apply for the ADVO on behalf of the PINOP. The PINOP will also generally be the main prosecution witness for the criminal charge.

Legislative Recognition of Domestic Violence

The NSW Crimes Act 1900 contains definitions of what are "domestic violence offences" and "personal violence offences".

A Domestic Violence Offence may arise from any of the following categories:

1 marriage relationship:

2 de facto relationship;

3 intimate personal relationship;

4 living or has lived in the same household;

5 dependent relationship involving paid or unpaid care;

are related.

6 The Making of the Interim Order

The usual scenario where the criminal justice system intervenes in a "domestic" is where there is an altercation in the home (usually involving a large amount of alcohol), there is a notification, the police attend and the perpetrator is arrested and charged with a personal violence offence and an interim telephone ADVO is made for the protection of the victim.

The Crimes Act deals with the making of telephone interim orders and is the reason why your partner will get charged rather than told to behave him or herself. The Act severely restricts the discretion of the police when dealing with allegations of domestic violence, and provides a capacity for police officers to apply by telephone for apprehended violence orders.

If the attending police officer declines to make an telephone interim order in the face of an allegation of a domestic violence offence, the police officer must provide written reason as to why an order wasn't applied for.

Where the police do not get a telephone interim order the Act requires a magistrate to make an interim apprehended violence order when a person is accused of a domestic violence offence. The court can decline to make the order if it is satisfied that an order is not required, however its reasons must be given.

Bail

Bail is generally about whether or not the accused will attend court on the next occasion. In making a determination as to bail the court is required to take into account various matters.

There are a number of provisions relating to bail that are relevant to situations involving domestic violence. The Bail Act removes the presumption in favour of bail for certain domestic violence offences and the offence of contravening an apprehended domestic violence order. This applies to accused persons with a "history of violence" or violence to another person in the past or who has a failure to comply with bail conditions. An accused will have a "history of violence" if the accused has been found guilty within the last 10 years of a personal violence offence or an offence of contravening an apprehended violence order by an act of violence. The Act states that bail should only be granted in exceptional circumstances to a person in respect of a "serious personal violence offence" if the applicant is a repeat offender. This provision will apply to extreme examples of domestic violence.

The police will be likely to refuse to grant police bail in circumstances where an accused is a repeat offender or on bail. A bail application in front of a magistrate will be necessary and this will mean a longer stay in custody.

A fundamental condition of bail is to be of good behaviour for the duration of the bail. Conditional bail can have conditions similar to any interim order. Accordingly, misbehaving whilst on bail can constitute a contravention of the interim order. Any breach of bail can cause the bail to be reconsidered. In practice the accused will be arrested, refused police bail and brought before a magistrate to have a bail determination made.

Witnesses

The main prosecution witness often gets less enthusiastic about the prosecution as domestic tranquillity re-establishes itself. The continuance of the prosecution is a question for the police.

An absence of reliable evidence does not deter the NSW police from continuing with a prosecution. The NSW police will not discontinue a prosecution concerning domestic violence on the basis that the principal witness does not want the matter to proceed. Despite this prosecutions proceed in these circumstances with the accused pleading not guilty, the matter is then listed for hearing and proceeds to hearing even though it may fall over at this stage.

Something that can and does occur is that if the victim attends and gives evidence which contradicts the earlier statement provided, the witness is declared an unfavourable witness. The victim is then attacked by the police prosecutor and accused of perjury. Not a very nice result.

Police will sometimes arrest the witness and almost always bring him/her to court.

There is a qualified spousal privilege which applies to a person who, when required to give evidence, is the "spouse, de facto spouse, parent or child of a defendant". The objection needs to come from the witness and generally should be made when the witness is called to give evidence. Theoretically any person who is the sole witness to a minor domestic assault and in a relationship with the accused should not be excused from giving evidence.

Sentencing Considerations

Common assault is punishable by two years imprisonment. A person who knowingly contravenes a prohibition or restriction specified in an order is also guilty of an offence that carries a maximum of two years imprisonment. The two offences can be constituted by identical facts. Contravention of an order will generally be considered a more serious offence as it involves the addition element of a breach of a court order. Offenders are routinely imprisoned for serious or repeated contraventions of orders.

One of the reasons why contravention of an order is a serious offence is that offenders will frequently be recalcitrant. A plea of guilty must be taken into account. The utilitarian value of a plea should be assessed in the range of 10-25%. This is before other considerations such as contrition are taken into account. A discount of 25% is fairly common for a plea of guilty.

Alcohol may aggravate an offence as it demonstrates recklessness, or mitigate as it shows that an offence is out of character. The courts have made it clear that a domestic context does not excuse an offence or make it less serious. That is, "violent acts in domestic situations must be treated with real seriousness".

The Court of Criminal Appeal has stated "Domestic violence is a problem of considerable proportions in this community and the courts must be strong to ensure that it is adequately punished."

A suspended sentence under section 12 of the Crime (Sentencing Procedure) Act 1999 should be approached with care. Once a section 12 bond is breached the best that an offender can do is periodic detention. Frequently such bonds are for durations that are longer than what would be the appropriate sentence of imprisonment.

A crime committed in the home is treated as seriously as a crime committed in a public place against a stranger. Don't forget that it is an offence to contravene any term of an AVO which carries a maximum penalty of 50 penalty units and/or two years imprisonment.

Should you become the subject of a TIO (telephone interim order) do not delay - call LAC Lawyers for an urgent appointment before the matter proceeds to properly protect yourself in these circumstances.

It is important to keep the following points in mind.

- An AVO remains in force for the period specified by the courts, otherwise for six months.

- An application may be made to the court to vary or revoke an AVO where it is appropriate to do so.

- A defendant may appeal to the District Court against an AVO made in either the Local Court or Children's Court but this must be done within 28 days of the lower court's decision.

- An AVO can affect employment opportunities, the ability to maintain various licences including a firearm's licence or permit, restrictions on personal freedom including communication and movement and may conflict with Orders made by the Family Law Court.