Domestic Violence and AVO Lawyers Newcastle

Use Carriage Service to Threaten Serious Harm

Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your case. If you’ve been charged with use carriage service to threaten serious harm, call us for a free initial consultation.

What is Use Carriage Service to Threaten to Cause Serious Harm?

This charge relates to using a device such as a mobile phone or computer, to send a message to another person that includes a threat of serious harm. In other words, making a threat to seriously hurt someone via:

Text message
Social media
Email
Phone call
Leaving a voicemail

The maximum penalty is 7 years imprisonment. Therefore, it is a serious criminal offence.

This charge often occurs in a domestic context. As a result, the charge will be associated by an Apprehended Domestic Violence Order (AVO).

Can I avoid a criminal record for using a carriage service to threaten to cause serious harm?

A conviction will usually be recorded, particularly if the offence is domestic violence related.

The outcome will depend on the circumstances of the offence, and the subjective circumstances of the offender. If the offence occurs in the context of breaching an existing AVO, it will be dealt with more seriously.

However, most offenders will receive a conditional release order or community corrections order for this offence.

Will I go to jail?

It is possible to go to jail for this charge. In particular, the risk is high if it is a domestic violence related charge and the contact occurs in the context of contravening or breaching an existing AVO. However, there are alternatives to full time imprisonment, such as an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Used a carriage service (such as a mobile phone);

2. To communicate to another person a threat to cause serious harm to that person, or another person;

3. The threat was intended to cause the person to fear that the threat will be carried out.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are experts in representing offenders charged with criminal offences. In addition, we take the time to ensure you are informed and consulted every step of the way.

Use Carriage Service to Threaten to Kill

Use carriage service to threaten to kill we usually be charged as a domestic or personal violence offence. As a result, you will receive the criminal charge as well as an AVO. We’ve provided more information below. If you need advice, contact us to speak with one of our experienced criminal lawyers.

What is Use Carriage Service to Threaten to Kill?

It relates to using a device such as a mobile phone or computer, to send a message to another person that includes a threat to kill. In other words, making a threat to kill via:

Text message
Social media
Email
Phone call
Leaving a voicemail

The maximum penalty is 10 years imprisonment. Therefore, it is a serious criminal offence.

This charge often occurs in a domestic context. As a result, the charge will be associated by an Apprehended Domestic Violence Order (AVO).

Can I avoid a criminal record for Use Carriage Service to Threaten to Kill?

A conviction will usually be recorded, particularly if the offence is domestic violence related.

Most offenders will receive a conditional release order or community corrections order for this offence.

Will I go to jail?

It is possible to go to jail for this charge. In particular, the risk is high if it is a domestic violence related charge and the contact occurs in the context of contravening (or breaching) an existing AVO. However, there are alternatives to full time imprisonment, such as an intensive corrections order.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Used a carriage service (such as a mobile phone);

2. The carriage service was used to communicate to another person a threat to kill that person or another person;

3. The threat was made to intentionally cause the person to fear that the threat will be carried out.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our experienced lawyers regularly appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales.

Use Carriage Service to Menace, Harass or Offend

Using a carriage service to menace, harass or offend, can result in a criminal conviction. Read more information below. Alternatively, call us to understand how we can help you get the best possible outcome.

What is use carriage service to menace?

This charge usually relates to sending offensive emails or text messages, a large volume of messages, or repeated phone calls to an individual.

If the victim is someone you have a domestic relationship with, the offence will be associated by an Apprehended Domestic Violence Order (AVO).

Can I avoid a criminal record?

A court will likely convict you for the offence, particularly if the offence is domestic violence related.

However, for less serious examples, it is possible to avoid a criminal conviction. As a result, a conditional release order would be imposed. The likelihood of this outcome depends on the volume of the messages or phone calls, their content, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

The maximum penalty is 3 years imprisonment. However, if a Local Court deals with the charge, the maximum penalty is 12 months.

Therefore, it’s possible to go to jail for this offence, particularly if it is a domestic violence related charge and the contact occurs in the context of contravening (or breaching) an existing AVO.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Used a carriage service (such as a mobile phone);

2. The carriage service was used to communicate to another person or persons in a way that is menacing, harassing or offensive;

3. A reasonable person would regard the communication as menacing, harassing or offensive.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted under duress or out of necessity.

We can help

We are committed to helping you obtain the best possible outcome for your case. Contact us today on 0421 700 497 for a free initial consultation.

Destroy Damage Property

We are here to help if you’ve been charged with destroy or damage property, or malicious damage. You can read more information on this charge below. In addition, you can book a free initial consultation to speak with our experienced criminal lawyers.

What counts as damage property?

Property does not have to be permanently damaged, or irreparable. Instead, it just needs to be unusable or not easily fixed.

You can be charged with damaging your own property if police can prove that the property is jointly owned with another person.

Can I avoid a criminal record for destroy damage property?

Yes, it’s possible to avoid a criminal conviction.

The court will consider a number of different factors to determine whether a conviction will be recorded. For example, the seriousness of the offence, your criminal history and your subjective circumstances.

Will I go to jail?

It’s possible to go to jail for this offence. In NSW, the maximum penalty is 5 years imprisonment.

Jail is unlikely for first time offenders. Most offenders will receive a conditional release order or community corrections order. However, the chance of jail increases if the circumstances are serious and the person has a criminal history.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Destroyed or damaged property; and
The damage was inflicted intentionally or recklessly; and
The property belonged to another person, or was jointly owned.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence or under duress.

We can help

Breach AVO

If you breach an AVO, we are here to help . We are not only committed to helping you obtain the best possible outcome, but we ensure you remain fully informed throughout the court proceedings. Contact us for free advice.

Will I get a criminal record for breach AVO?

It is possible to avoid a criminal conviction for contravening an AVO.

The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances. If it is a minor breach of an AVO, a court will likely be more lenient. However, a breach involving violence will likely result in a conviction and may result in imprisonment.

Generally, a court will consider a conditional release order or a community corrections order for this offence.

Will I go to jail for contravening an AVO?

Yes, it is possible to go to jail for breaching an AVO. The maximum penalty is $5,500 and/or a term of imprisonment of 2 years.

The likelihood of jail depends on the seriousness of the offence, and your subjective circumstances. For example, if the breach involves violence, there is strong possibility that you will go to jail. The chance of going to jail also increases if you repeatedly contravene the AVO, even if the breaches are minor.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

There was an AVO in place, and
You knew the AVO was in place, and
You knowingly breached a condition of the AVO.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are experienced lawyers who specialise in criminal law.

Common Assault

We are committed to helping you obtain the best possible outcome for your common assault charge. For free advice, contact one of our experienced criminal lawyers.

Can I avoid a criminal record for common assault?

Yes, it is possible to avoid a criminal conviction.

The likelihood of this outcome depends on the circumstances of the offence. In addition, the court will consider your subjective circumstances. This means if the assault is serious, or if you do not have a strong subjective case, a non-conviction is unlikely.

Common assault sentence for first offence

If it is your first offence, and the assault is not serious, you will likely receive a fine, conditional release order or community corrections order.

In some circumstances, the court may decide to not record a conviction. You can increase the chances of this outcome by preparing a strong subjective case.

Will I go to jail?

This offence carries a maximum penalty of 2 years imprisonment in NSW. Therefore, it is possible to be sentenced to jail. This includes first time offenders.

The likelihood of full time jail depends on the seriousness of the assault, your criminal history and your subjective circumstances. However, there are other options available to the court for serious assaults, such as an intensive corrections order. Therefore, you should seek legal advice to find out if it is possible to minimise your chance of going to jail.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

There was physical conduct, or threatened conduct towards another person; and
The conduct was intentional or reckless; and
Without the consent of the person; and
Without lawful excuse

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or if you can establish that you acted in self-defence, under duress or out of necessity.

We can help

Our highly experienced criminal lawyers can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Apprehended Domestic Violence Order

If you have been served with an Apprehended Domestic Violence Order (AVO) we are here to help. Contact our experienced criminal lawyers for free advice.

Who makes the AVO?

An Apprehended Domestic Violence Order will name a ‘protected person’. However, the protected person does not make the AVO themselves. Instead, police make the application on their behalf.

Police apply for a “provisional order”. You must then attend court. After that, a final order will be made by a magistrate unless the AVO is withdrawn or contested.

Can I have an AVO withdrawn?

Yes. There are two options:

Negotiate with police:
- In some circumstances, police may agree to withdraw the AVO.
Contest the AVO:
- If there is not enough evidence to support the AVO, the AVO will therefore be withdrawn by a magistrate.

You should obtain legal advice before you contact police.

Similarly, if you are the protected person and you want police to withdraw the AVO, you should also obtain independent legal advice before speaking with police.

What happens if I breach an AVO?

Breaching an AVO is a criminal offence. Our Breach AVO page has more information.

Can I have a condition removed?

Yes, you can apply to the Court to vary the AVO.

How long will the AVO be in place for?

A court will usually make a final order for 2 years. However, it is possible to negotiate a shorter period.

Will an AVO show on my criminal record?

No, it will not go on your criminal record. For more information, read our blog.

Conditions

Every AVO will include a ‘mandatory condition’, listed as Condition 1. As a result, you cannot assault, stalk, harass or intimidate the protected person, or damage their property.

In addition, the AVO can include other conditions, such as an order that you must not do the following:

Contact the protected person
Reside with the protected person
Contact the protected person within 12 hours of consuming alcohol or drugs
Go within 100 metres from where the protected person lives or works

What happens if I also have criminal charges?

If you’ve been charged with a domestic violence related offence, such as common assault or damage property, you will usually need to wait for the criminal charge to be finalised, before the AVO is finalised.

We can help

Our lawyers are highly experienced criminal lawyers.

We can help you:

Contest the AVO
Negotiate with police to withdraw the AVO
Or make an application to vary the AVO, such as removing a condition.

Domestic Violence and AVO’s

Use Carriage Service to Threaten Serious Harm

What is Use Carriage Service to Threaten to Cause Serious Harm?

Can I avoid a criminal record for using a carriage service to threaten to cause serious harm?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Use Carriage Service to Threaten to Kill

What is Use Carriage Service to Threaten to Kill?

Can I avoid a criminal record for Use Carriage Service to Threaten to Kill?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Use Carriage Service to Menace, Harass or Offend

What is use carriage service to menace?

Can I avoid a criminal record?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Destroy Damage Property

What counts as damage property?

Can I avoid a criminal record for destroy damage property?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Breach AVO

Will I get a criminal record for breach AVO?

Will I go to jail for contravening an AVO?

If I defend the charge, what must be proved?

We can help

We're here to help

Common Assault

Can I avoid a criminal record for common assault?

Common assault sentence for first offence

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Apprehended Domestic Violence Order

Who makes the AVO?

Can I have an AVO withdrawn?

What happens if I breach an AVO?

Can I have a condition removed?

How long will the AVO be in place for?

Will an AVO show on my criminal record?

Conditions

What happens if I also have criminal charges?

We can help

We're here to help