Questions about criminal and traffic law

An AVO is an Apprehended Violence Order. An ADVO is an Apprehended Domestic Violence Order, a specific type of AVO that applies where the defendant and protected person are in a domestic relationship.

ADVOs carry additional consequences including potential effects on firearms licences and certain employment categories.

Bail for assault charges in NSW depends on the category of the offence and your circumstances. Most assault charges are considered for bail in the usual way, though some serious assault offences require the defendant to 'show cause' why bail should be granted.

Tony Cullinan advises on bail applications at South Coast courts.

The first court appearance for a criminal charge in NSW is usually a mention date in the Local Court. The magistrate notes the charge, the prosecution is asked to provide the brief of evidence, and the matter is adjourned.

No plea is entered and no final hearing takes place at this stage.

A criminal conviction in NSW may affect employment depending on the nature of the offence, the sentence, your occupation, and whether the conviction becomes spent. Some convictions are required to be disclosed regardless of spent status in regulated industries such as teaching, healthcare, and law enforcement.

You are not legally required to have a lawyer for a Local Court criminal matter in NSW, but having representation significantly affects how well the matter is prepared and presented. For any charge that carries a possibility of imprisonment, a recorded conviction, or a licence disqualification, getting legal advice is strongly recommended.

A section 10 dismissal in NSW is an order under the Crimes (Sentencing Procedure) Act 1999 (NSW) where a court finds a defendant guilty but does not record a conviction. The charge is dismissed or the defendant is placed on a bond without a conviction being recorded.

It is available for eligible offences where the court considers it appropriate.