Domestic Violence Defence Lawyer

Case Study – False Allegations Dismissed

The Incident

Our client was wrongfully accused of domestic violence by her ex-husband, who filed for an Apprehended Violence Order (AVO) claiming a series of assaults dating back three years. The police accepted his version of events without conducting a proper investigation and commenced proceedings against our client. The accusations came amidst a long-running Family Court dispute over custody, in which the ex-husband’s access to the child had been restricted due to his own assault charges.

Legal Action Taken

Blaxland Law acted swiftly to expose the underlying motive behind the allegations. We issued subpoenas to uncover that the ex-husband had approached multiple police stations seeking someone to take his side. We also gathered Family Court records and demonstrated that the recordings he provided were misleading and taken out of context. Our team prepared detailed submissions to police, ultimately leading to the withdrawal of the AVO proceedings. We then pursued a costs application against the NSW Police, preparing further legal arguments highlighting the improper purpose of the case.

Outcome & Compensation

The court agreed that the AVO proceedings were an abuse of process and had been used to manipulate ongoing Family Law matters. A costs order of $20,000 was awarded in our client’s favour. This case highlights Blaxland Law’s ability to expose false allegations and hold authorities accountable when legal processes are misused.