In amidst a marital break down and commencement of family law proceedings for custody of their children, our 30 year old client from Windsor found himself charged by police with 5 domestic violence offences after allegations were made by his ex partner.
In addition to the 5 criminal charges, which involved historical allegations of assault causing injury and intimidation, our client was issued an Apprehended Domestic Violence Order which prohibited him from seeing his children.
Immediately, an AVO variation application was made to the court to seek the removal of the condition prohibiting his access to his young children. After advocating tirelessly to the police and the courts, we were successful in varying the AVO. Unfortunately, our client’s ex partner still refused visitation and ongoing family proceedings remained on foot.
As to the 5 domestic violence charges, Ms Regan advised our client to Plead Not Guilty and the matter was adjourned some 11 months for a Defended Hearing in Windsor Local Court.
After hearing our clients circumstances, our Principal Lawyer strongly advised our client to pursue an application pursuant to section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
This is an application that can be made to the court seeking the dismissal of charges in the criminal justice system, and instead allowing for a person to complete regular treatment, such a psychological sessions, in the community instead. This does not mean that the person is 'mentally ill' and this type of application can be made where a client still maintains innocence with plea of Not Guilty.
In this case, that is what our client did. At not stage did he ever accept the allegations made by his ex partner.
Ms Regan engaged a very experienced clinical psychologist to prepare a powerful report for the application. In addition, a bundle of materials were also obtained including letters from psychologists, psychiatrists and GP’s who have seen him and would support the application.
Ms Regan prepared meticulous written submission to the court outlining why our client should be diverted for regular treatment for his mental impairment, as opposed to being dealt with in the criminal justice system by way of a Defended Hearing.
In October 2023, our Principal Lawyer Tayla Regan appeared in Windsor Local Court, advocating our client’s position through convincing and strong submissions.
Ultimately, the magistrate agreed with all submissions and the impressive report served on our client’s behalf. The court agreed to dismiss all 5 domestic violence charges and our client was discharged into the care of a treating psychologist to oversee his treatment plan over the next 12 months. This means that our client does not face criminal convictions or severe criminal penalties and was able to maintain his innocence to all charged laid against him.
This was the best possible outcome for our client, who no longer has to defend himself in the criminal court against false allegations made by his ex partner.
