Charges Dismissed for Domestic Violence related charges

Our client had been in a relationship with his partner for six years. However, our client started noticing changes in his partners personality and grew suspicious of infidelity.

At this stage, our client and his partner were separated but were still living together. Our clients’ former partner is the complainant in this matter.

At approximately 4:00am our client returned home and was intoxicated. Our client then walked into the complainant’s bedroom and where she was asleep and woke her up. Our client has demanded to look at the complainants phone to see her messages. The complainant refused. Our client then grabbed her phone and threw it against the adjacent wall causing it to smash. Our client then began to yell and swear at the complainant while throwing the bedside lamp against the adjacent wall. Our client continued to yell at the complainant and confront her about infidelity. It is at this point that our client raised his hands towards the complainant and began to slap her leg.

Several hours later police arrived at the residence and cautioned our client. Our client made full admissions to throwing the complainants mobile and lamp.  An Apprehended Violence Order (AVO) was put in place between the two and stipulated that our client was not to assault or threaten, stalk, harass or intimidate the complainant. It further specified that our client was not to approach or contact the complainant unless it was through a lawyer.

Subsequently, our client was charged with the following:

1. Common assault domestic violence related – Section 61 of the Crimes Act 1900.
   The maximum penalty for this offence is two years imprisonment and a fine of $5500.
2. Intentionally or recklessly destroy/damage property domestic violence related – Section 195(1)(a) of the Crimes Act 1900.
   The maximum penalty for this offence is five years imprisonment.

Our client was then arrested and conveyed to Ryde Police Station. Our client thought it was within his best interest to seek legal advice and subsequently retained Mr Zemarai Khatiz, an Accredited Criminal Law Specialist. Mr Zemarai Khatiz worked tirelessly on the case and appeared for our client in Burwood Local Court. Mr Zemarai Khatiz made strong submissions to the Magistrate. As a result of his efforts, the Magistrate agreed with Mr Khatiz and dismissed both charges by granting our client a Section 10(1)(a) for both offences.

Our client was very happy with the result as it meant he continued to have a clean criminal record and his visa would not be impacted by the criminal charges.