Domestic Violence offences
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Level 35, 31 Market Street, Sydney NSW 2000 Australia
Unit 1-6, 25/f, building 1, chengdu international financial center, no.1, section 3, hongxing road, jinjiang district, chengdu city, sichuan province, zip code 610021
Domestic violence offences are treated differently than other types of criminal cases in New South Wales. They follow a different procedure in court; that is follow the arrest, there is one court mention upon where the defendant enters a plea, and depending on whether it is a plea of guilty or not guilty, a date for sentencing or a trial is set. If a plea of guilty is entered on that first occasion, a 25% sentencing discount is awarded.
There are no other court dates aside from those unless special applications are made. The reason for this procedure is to facilitate a matter being concluded quicker and more efficiently, and also encourages defendants to admit their guilt, as if they do not enter a plea of guilty after the first mention, they will have less of a discount at sentencing.
It should also be noted that once a victim has reported a domestic violence incident, the Police will then take carriage of the matter, and even if the victim wants to withdraw the charges, the Police do not have to agree to it. This was put in place to ensure abusers could not intimidate their victims into withdrawing charges as was previously observed.
Australia has a very strict view on domestic violence offences, and has become harsher with punishments being handed out to those who are guilty of them. There is also a large amount of stigma associated with such acts, and records of domestic violence on your police checks could mean that you find your Australian visa cancelled, even if you have not been found guilty yet.
Remember to always seek advice from a lawyer if you have concerns. Many defendants attempt to self litigate, but you may actually do yourself more harm than good by doing so.