NSW Travel Overseas When Charged for Domestic Violence?

[Samuelshrestha]

Hi,

I was sponsored by my wife for partner visa to come to Australia. Now she went to police and 'charged' me with 2 X common assault and 1 X stalking and threat.

I went to family court on 18 Jan 2017 and plead not guilty. Next court date is on 31 May 2017.
Police has AVO on me so I cannot go home. I do not have anyone else here.

Am I legally allowed to travel overseas?

Thank you.

 

[MartyK]

I think you mean the Magistrates Court Samuelshrestha? In any event, I think the bigger issue you will have is re-entering the Country.

Were travel restrictions imposed? Have you spoken to the Dept of Immigration?

 

[Samuelshrestha]

That's was local court at Sutherland. Yes, I have informed the immigration regarding change in relationship.

My concern is not about re entering the country. I want to leave Australia, but legally.

I have been charged, I pleaded not guilty, court is adjourned till 31 of may 2017.

Can I just buy an air ticket and leave this country/?

Thank you.

 

[Ann Zhou]

You have not been charged yet until Court hearing on 31st May 2017.
You might check with your lawyer to see whether you are restricted to leave because I do not know the full details of your case, but from Migration law point of view that you are free to leave Australia.

Ann Zhou, Lawyer & Registered Migration Agent, Elliot Lawyers - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly.

 

[Tim W]

You have not been charged yet until Court hearing on 31st May 2017.

With all respect, Mr Zhou, I disagree.

@Samuelshrestha - If, as you have said, you have entered a plea,
then you have indeed been charged.

If your matter has been mentioned and adjourned,
then you will be on some sort of bail, even if it's unconditional bail.

If you already have a lawyer, then ask them about your position.
If you don't, then get one.
In the meantime, my suggestion is that you stay in NSW, stay out of trouble,
and turn up to court on the date you are required.

 

[Samuelshrestha]

I was charged for 2 common assault. I have been on streets for almost a month now. NSW community housing said I'm not eligible for temporary accommodation. I have no money, no place, no one.