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NSW Attacked with an Axe by Neighbour - What to Do?

Discussion in 'Criminal Law Forum' started by robertalsa, 19 December 2015.

  1. robertalsa

    robertalsa Member

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    I have been attacked with an axe. I have 2 injuries to my leg, one of them required 4 stitches. The police charged the person but didn't tell me what they changed him with. He lives next door to me. What can I do to insure he going to jail under Criminal Law and how can I protect myself and my family from him? Do I need to hire a lawyer?
     
  2. JS79

    JS79 Well-Known Member

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    Contact a local lawyer in NSW who can help you place a violent restraining order on this person. Once he has been convicted you may be able to apply for criminal injuries compensation - see a personal injury lawyer for that in NSW.

    See Get Connected with the Right Lawyer for You
     
  3. robertalsa

    robertalsa Member

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    The police has charged him and gave him 5 meters avo waiting for the court day on mid next month .should I still have to get a lawyer?
     
  4. Anubis

    Anubis Well-Known Member

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    \On what you say I would say, I would suggest very generally he has most likely been charged with a couple of offences which would be something like Assault Occasioning Actual Bodily Harm (possibly with a backup of Common Assault) and Stalk Intimidate.

    You cannot make sure he goes to gaol. He is entitled to his presumption of innocence until he pleads or is found guilty. If he pleads guilty the AVO will be made as a matter of course. He will also get a discount on the penalty that will be imposed. Depending on what his criminal history looks like, he can face a range of sanctions from Good Behaviour Bonds to Gaol in the Community to Custodial Gaol.

    If he chooses to plead not guilty, a brief will be served and there will possibly be a defended hearing although many people plead out on the day of court.

    If he contacts you, it might well be a breach of the AVO...you have not been clear about the terms. I would be calling the police. Get in touch with them anyway and ask what is going on.
     
  5. Rob Z

    Rob Z Member

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    I would contact a lawyer and get advice. The accused may or may not get a custodial sentence for his attack on you. If its a first offence he may get a good behaviour bond or community corrections order. Also, if you do get a lawyer ask them to explain to you the Tort of trespass to person / assault.
     
  6. robertalsa

    robertalsa Member

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    Thanks for your reply ill try to get a lawyer advice
     
  7. robertalsa

    robertalsa Member

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    I have applied for an avo against a person who has assaulted me with an axe and I also applied for avo against his wife who was intimidating me and my wife and kids and I believe that she was the reason behind the incident.

    The court has sent me paperwork to go to court at the same day the court date for the axe assault is happening. I'm going to present myself to get the avo against this couple but not sure how to speak and what to say as I never been in court before. I don't have any idea what to say to the judge to explain that this guy's wife was the reason behind the assault and I need an avo to protect my family from her.
     

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