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Breach of Family Violence Safety Notice

Charges of aggravated burglary when a Family Violence Safety Notice is in place: Slades & Parsons successfully defends client

Issuing of Family Violence Safety Notice

Police charged our client with an aggravated burglary after attending the family home when a Family Violence Safety Notice was in place.

The client had been involved in a verbal dispute with a family member on the premises, and police had attended. Police then decided to issue a Family Violence Safety Notice on the client, as per the Family Violence Protection Act 2008.

Aggravated Burglary charges and breach of the Family Violence Safety Notice

Once released on the Family Violence Safety Notice, however, our client did not have any clothes, wallet, keys or phone and did not understand the consequences of returning to the family home. The client then returned to the home and began collecting belongings. A further verbal argument took place at that time between the client and a family member.

The police attended the address again; they arrested our client and charged them with Aggravated Burglary Intention to Assault and a breach of the Family Violence Safety Notice. Our client was remanded into custody and was not able to provide an appropriate bail address.

Bail granted

Slades & Parsons solicitor Ms Dubroja secured a residential rehabilitation facility place on behalf of our client, and bail was granted at a further hearing.

A careful consideration of the evidence gave weight to Ms Dubroja’s view that the charge of aggravated burglary was not made out (i.e., that there was no trespass nor intention to assault upon entry to the premises); however, this was rejected by the prosecution. The prosecution proceeded with the charge.

Aggravated burglary charge dismissed

At the contested committal hearing, cross-examination of prosecution witnesses supported the view of Ms Dubroja that the charges were not properly made out. At the conclusion of the committal, the Magistrate agreed with Ms Dubroja and dismissed the charge of aggravated burglary.

Slades & Parsons: expert representation for family violence and related charges

Family violence is a highly complex area of criminal law. Many different criminal charges may result from interactions between family members. Slades & Parsons Lawyers are highly experienced in representing clients in matters involving family violence and related charges. We regularly represent clients facing charges arising out of family disputes. Careful analysis of a client’s situation and of the prosecution case are essential to the expert services that we provide.

Our lawyers are happy to discuss any questions you may have regarding family violence or associated charges.