No apprehended violence order following a guilty plea to common assault

Our Ms Magro, Criminal Law Solicitor, appeared for a client charged with one count of common assault (domestic violence related) which was accompanied by an associated apprehended violence order.

The client admitted to police that he did commit the offence, there was therefore no option other than to plead guilty.

If a defendant pleads guilty or is found guilty of a serious offence, the Court must make a final apprehended violence order for the protection of the person against whom the offence was committed. The Court is required to make this order unless satisfied that an apprehended domestic violence order is not required. It is rare for a final apprehended violence order not to be made by the Court following a finding or plea of guilt.

Ms Magro highlighted a range of important subjective material to the Court, including the client’s good character, complex home environment and the steps they had taken to seek help since the offence occurred.

Not only did Ms Magro persuade the Court that no conviction should be recorded for our client, but the Court was also satisfied that no apprehended violence order should be made.

This was an outstanding result for our client who was thrilled to leave Court with no criminal record and no apprehended violence order.

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