NSW Most likely outcomes for ABH and breach of advo

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AdriftAnnie

Active Member
13 July 2018
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0
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I would like to know what the most likely outcomes are for ABH and breach of advo.

Was assaulted by my husband in April. The assault was quite violent and resulted in black eye and bruising all over body as well as threats to kill myself and my family. No prior history of physical violence in the relationship, but there has always been verbal and emotional abuse.

Mitigating factors: excessive alcohol consumption (2 bottles of scotch in 24 hours), serotonin syndrome from overdose of anti-anxiety and anti-depressants, depression and anxiety. Was addicted to synthetic cannabis for 4 years and had returned home from rehab 2 days before the assault.

Breach of advo involves coming to the house - by invitation, not looking for finger wagging, thanks - and also 70+ abusive messages in one day and verbal threat to slit family members throats.

Typing this out I realise how serious it sounds. I am still processing what happened, while trying to stay strong for our kids so am quite detached from the experience. Would like to know how likely a jail sentence is and what length? Any chance of no jail time? He is in custody for the breach for 6 weeks while awaiting hearing for assault.

He has one drug charge and one charge for commonnassault for pushing a neighbour after neighbour sprayed him with water (they had a history). Both charges resulted in a section 10.

Any legal advice would be great. Am getting domestic violence counselling so don’t need advice about my relationship and how terrible it is. Thank you :)
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Jail very likely.
duration, no one here can really dole out that sorta advice based on what you've written.

Ok so you don't want relationship advice. Fine... But when he gets out, dont invite him to your house. The invitation does not mitigate the avo....So if he is at your house by invitation, it is still a breach of avo... When he gets out, he needs to stay away from you until the avo ends. It is that simple. To do anything different is going to see him back in jail.
 

AdriftAnnie

Active Member
13 July 2018
6
0
31
Jail very likely.
duration, no one here can really dole out that sorta advice based on what you've written.

Ok so you don't want relationship advice. Fine... But when he gets out, dont invite him to your house. The invitation does not mitigate the avo....So if he is at your house by invitation, it is still a breach of avo... When he gets out, he needs to stay away from you until the avo ends. It is that simple. To do anything different is going to see him back in jail.

Thanks for your response. Do you think jail would also have been likely without the breach and just the assault/intimidation charge?