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NSW Domestic Violence and Jail?

Discussion in 'Criminal Law Forum' started by kayla, 18 February 2015.

  1. kayla

    kayla Member

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    Me and my partner have a court case in a few days for a domestic violence incident.
    He threw my phone against the wall and it bounced and hit me in the head.
    I believe that it was not intentional that it hit me.
    We have had a few domestic violence issues in the past.
    I have asked a few people if he will go to jail for this and received different answers. Please help.
     
  2. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Has your partner been charged with an offence or is at an avo only?
     
  3. kayla

    kayla Member

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    Just an AVO as far as I know.
     
  4. ClareB

    ClareB Well-Known Member

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    If the police made the application for the AVO, you will need to talk to the police prosecutor about withdrawing the application. You may need to provide written reasons for withdrawing the AVO. If the prosecutor agrees with you, they may apply to the court to withdraw the application.

    This of course, is assuming that the police made the application for the AVO.

    Otherwise, if you made the application for the AVO yourself, you can ask the court to withdraw your application - again, you may need to provide written reasons.
     
  5. kayla

    kayla Member

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    Yes the police made the application for the avo. Thank you for the info. He won't go to jail over this though will he
     
  6. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    If it is an avo only then he won't go to gaol as it is a quasi-criminal matter - in fact it is a civil matter really. The only reason he may face custody is if he breaches (or has breached) an avo.
     

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