I’m looking for a legal aid lawyer. Nsw. Nil. It’s a charge for damaging property of my live in partner when we had an

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Customer: I’m looking for a legal aid lawyer
JA: What state are you in? It matters because laws vary by location.
Customer: Nsw
JA: What steps have you taken so far?
Customer: Nil
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Customer: It’s a charge for damaging property of my live in partner when we had an argument in the street outside a bar I to stop her using her phone I snatched her phone from her hand and tossed it lightly away , the intent was to stop her using it not to break the phone . A passer by saw it called the police .

Answered by Daniel in 1 hour 2 years ago

Daniel

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Daniel, Expert

Hello
I am a defence lawyer here in Sydney.
Clearly it is a situation that got out of hand.
You should plead guilty with an explanation. There was no intent to break the phone, just reckless in the heat of the moment.
You will unlikely get a criminal record if you have no history of violence or criminal history.
Being outside a bar, it is likely to be CCTV footage the police will obtain anyway.

A not guilty plea will not be successful in my view.

I wish to help you in this situation.

Please click accept / rate my service (WITH THE STARS - FINISH BY RATING). I am able to answer further questions after doing so at no further cost to you

Customer

I am guilty of snatching the phone and tossing it . The motivation and intent was to stop her using it not to smash it . Hence it was tossed horizontal to the ground allowing it to skid not thrown with force straight down to the ground . My missus thinks it’s ridiculous the police are pressing charges despite her insisting she did not want that and that it was just a stupid argument . The police appear to have assumed I am a wife beater and that she’s just covering up . There is no domestic violence in our relationship . It was a stupid moment that would be resolved by now and behind us as a drunken stupid moment . We were about to get new phones anyway as ours are old iPhones and hers had a long time crack . The AVO for two years is well over the top . The restrictions are not necessary or warranted she even made it clear that our argument wasn’t physical . What can be done about the AVO ? what steps are required to get it nullified ? And what is the likely sentence for tossing a phone in a heat of a stupid argument between two people who live together and where both of us don’t want this in court or made to be as serious as police have escalated it to .

Daniel, Expert

Hello
What transpired above is standard in Local Courts in NSW. Theres always a damaged phone.
I would encourage you to reflect on the situation.
2 years is the timeframe police seek all the time. In every situation.
An AVO will always follow such actions.
I would push for a 12 month AVO or have your partner relist the AVO in court in a few months after you both have given some time to prove that the AVO isn't necessary.

Customer

the punishment for the phone is an AVO for violence that did not exist and restricts us from having a normal relationship where we have dinner with wine , or my birthday celebration in a months time with friends ? The AVO has no relevance to the situation . We were BOTH drunk both said equally horrid words back and forth about a situation . But I was the one who snatched the phone . We don’t understand why the police didn’t listen to her when she insisted it was all good next day. we are replacing the phones anyway . Is it possible for her to swear a statement requesting the nullifying of the AVO . The police really should have just slapped us over the wrist and told us to just pull our heads in . This police escalation is baffling to us .

Daniel, Expert

Hello
I note the above.

As I said, It is standard procedure.

You being intoxicated does not assist. It worsens it really.

If you are on centrelink, have the legal aid duty lawyer assist, if not, then pay for a solicitor to attend court or represent yourself.

Customer

I’ve attached the AVO conditions , they would alter any normal relationship and put stress in to it . This would be water under the bridge to us but now the police issue is bigger to us than the original issue . The humiliation of police visiting our house in day light next day in our small street . And arresting me , searching me , making me remove my shoes putting me in the back of a van holding cell is enough of a punishment

Customer

I am on jobkeeper . We were both highly intoxicated after ironically spending time with 8 detectives who shared their wine show and tell with us freely , hence we had more drink than usual . It was a silky bickering argument and I was stupid to toss the phone away .

Customer

Can she fill in a form and submit it to court on the day ? Should she come with me to show she’s ok and say her side ?

Customer

Is there a form she can fill to lift the AVO as she doesn’t want it or need it ?

Customer

The police did not interview me on the night . I was sober next morning when I called them to come over after getting their message .

Daniel, Expert

Almost everything you have typed above will go against you in Court.

Do not have her send anything to the court. At all. The court will think you put her up to it.

Plead guilty, explain the situation. In a few months, see if the AVO can be lifted.

I am glad the police did not interview you as you may well have said the stuff above and hurt your case more.

I am sorry for being brutally frank, but I have been doing legal aid work for 10 plus years.

You being on Jobkeeper, you will may not be entitled to legal aid in any event, as you are employed.

Customer

The facts are worded in a way that presents it like I threw the phone to smash it . This is simply not true . It was tossed aside to stop her using it . She did not want to make any statements nor did I as we thought it was silly and not important . It was a stupid one off moment between a long term couple with no history of violence where a phone was stupidly tossed . Now this consequence decided by police not her is stressing us out and is the bigger problem , we’ve spent the rest of the weekend eating , watching videos and being normal as normal and of course no drink , we were only drinking on weekends as it was anyway . But an AVO effects us both from being able to have dinner with wine or a birthday celebration . The police want this for no reason , we don’t want it . What can we do ?

Customer

How much is a lawyer or does it present better if I just go alone and unrepresented ?

Customer

your advice is she does not make a statement at all snd that I say nothing except it was silly thing in the moment and my motivation was not to break the phone but remove it from her and it was tossed when she tried to grab it back?

Daniel, Expert

For a sentence a lawyer would charge around $1450.
I would get a lawyer.

Customer

Know any lawyers who would do it for $1450 and allow me to put it on a credit card ?

Customer

Do you do court appearances ?

Daniel, Expert

I do but I do not think I am free on the 26th.

Any solicitor will work on credit card. Otherwise attend yourself and see. It will be at the downing centre.

Customer

If your advice is a lawyer is best then we should do that , are you able to refer

Customer

a colleague

Daniel, Expert

Call the law society tomorrow. They will refer you one. Or I will check my Diary tomorrow. I do not have it at hand at present.

Customer

Thank you my number is(###) ###-####and the court date is wed 26th aug at 930

Customer

Thankyou for your assistance

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