NSW Domestic Violence and Jail?

[kayla]

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.

 

[Do I need a Lawyer]

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

 

[kayla]

="Do I need a Lawyer, post: 10206, member: 3244"]Has your partner been charged with an offence or is at an avo only?

Just an AVO as far as I know.

 

[ClareB]

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.

 

[kayla]

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

 

[Do I need a Lawyer]

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.