National Criminal Lawyers Parramatta

National Criminal Lawyers has published a case study on the complete withdrawal and dismissal of four criminal charges and two ADVO applications at Parramatta Local Court on 20 May 2026, demonstrating how forensic analysis of evidence, admissibility arguments, and strategic representations can dismantle a domestic violence prosecution before it reaches a hearing.

The article covers:

• The charges included stalk or intimidate intending fear of physical or mental harm under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), two counts of common assault domestic violence under section 61 of the Crimes Act 1900 (NSW), and contravene prohibition or restriction in an AVO domestic under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), with both associated ADVO applications also withdrawn and dismissed
• The decisive legal issue was that the complainant was overseas in India and had explicitly refused to return or appear by audio-visual link, meaning the prosecution could not satisfy the statutory requirements under section 289F(5) of the Criminal Procedure Act 1986 (NSW) for relying on the Domestic Violence Evidence in Chief recording without the complainant being available for cross-examination
• Formal representations argued that proceeding without the complainant was both evidentially fatal and contrary to the public interest, that the complainant herself did not seek continuation of the ADVO and wished conditions varied to allow family communication, and that bail conditions were causing severe professional and personal hardship by preventing the client from returning to employment overseas
• National Criminal Lawyers put the prosecution on notice that a costs application would be pursued under sections 213 to 214 of the Criminal Procedure Act 1986 (NSW) if charges were not withdrawn, on the basis that police had failed to take reasonable steps to secure the complainant’s attendance before she left Australia despite prior notice of her departure

Every charge was dismissed as withdrawn and both ADVO applications were dismissed, with no criminal conviction recorded. This case demonstrates that a police brief supported by a DVEC is not automatically a strong case, and that early identification of admissibility problems, complainant availability, public interest, and hardship can be outcome determinative. National Criminal Lawyers advises clients across all office locations on domestic violence charges, ADVO proceedings, DVEC admissibility, and charge withdrawal strategies. Call 1800 CRIM LAW for a confidential consultation.

Read the full article: https://www.nationalcriminallawyers.com.au/all-domestic-violence-charges-and-advo-applications-withdrawn-at-parramatta-local-court/