NSW DV victim. Do I need a lawyer?

[AdriftAnnie]

Hi there,

I was the victim of a violent assault by my husband. He is currently in custody awaiting sentencing. He was out on bail, but breached bail by not staying at the same address and breached the advo by sending me 70+ abusive messages in a day and then threatening violence over the phone. Along with the breaches, he faces charges of assault ABH and intimidation. He has pleaded guilty to all charges.

My question is, can a lawyer help me to have the sentence he receives reduced? I don’t wish for him to go to jail. He has been in custody for almost a month and is struggling psychologically. I would like him to be released to a rehabilitation facility for alcohol and substance abuse (and anger issues, obviously). What is the likelihood of this if I have a lawyer representing me? Money is tight so I would like to avoid wasting it. The case is coming up fast and i’m not sure if there is time to approach legal aid, which is why I am considering a private lawyer.

I have spoken to police, but their policy regarding DV matters is firm, and with good reason.

I have also written a letter to the magistrate, which I gave to his lawyer, but they didn’t want to use it. Perhaps it looks better coming from my own lawyer?

This whole process is very confusing. Any advice would be appreciated!

 

[Deleted member 12925]

Hi,

In my experience there is very little you can do.

He will be sentenced based on the objective seriousness of the offences and any subjective features of his circumstances that mitigate the penalty.

You mentioned that his lawyers refused to use your letter and that is with good reason. It is quite common for victims of domestic violence to desperately try to protect the person who has committed the abuse and in terms of the Court's view it could actually complicate things if that evidence was adduced on sentence.

Cheers

 

[AdriftAnnie]

Hi,

In my experience there is very little you can do.

He will be sentenced based on the objective seriousness of the offences and any subjective features of his circumstances that mitigate the penalty.

You mentioned that his lawyers refused to use your letter and that is with good reason. It is quite common for victims of domestic violence to desperately try to protect the person who has committed the abuse and in terms of the Court's view it could actually complicate things if that evidence was adduced on sentence.

Cheers

Thank you Glenn. I suspected that was the case, but have received multiple phone calls from my husband saying other inmates are telling him I can have the charges dropped. I know this isn’t true, but felt compelled (pressured?) to try. He doesn’t even want a conviction recorded. I think he is unwilling to accept responsibility and has shown little remorse by continuing his criminal behaviour. Unfortunately this won’t bode well for him in court. I just wish he could see that his actions caused this instead of framing himself as the victim.

Thanks for taking the time to respond.