Domestic Violence Charge Reduction and Discharge

Background

Mr C faced a serious domestic violence charge of injuring with intent to injure, an offence carrying significant penalties and long-term consequences. Domestic violence charges are treated with particular gravity by the courts, often resulting in imprisonment and protection orders that can have lasting impacts on family relationships, employment, and housing arrangements.

The Challenge

This case involved serious family violence allegations requiring comprehensive legal and rehabilitative strategy:

• Intent-based charge: Original charge required proof of deliberate intention to cause harm

• Domestic violence context: Enhanced penalties and consequences under family violence legislation

• Relationship dynamics: Complex family circumstances requiring sensitive handling

• Employment implications: Potential conviction consequences for professional standing

• Rehabilitation requirements: Need to demonstrate genuine commitment to behaviour change

• Protection order risks: Potential restrictions on family contact and housing

  
  

Our Approach

Through strategic discussions with police, we successfully negotiated a charge reduction from injuring with intent to injure to the lesser charge of injuring with reckless disregard. This reduction removed the requirement to prove deliberate intent whilst acknowledging the harm caused. We then structured a comprehensive rehabilitation plan including completion of a recognised stopping violence programme to demonstrate Mr C's commitment to addressing the underlying issues and preventing future incidents.

Outcome

Following Mr C's successful completion of the stopping violence course, the court granted the discharge without conviction application, resulting in:

• Charge reduction achieved: Intent element removed through successful negotiation

• No conviction recorded: Clean record maintained despite serious initial allegations

• Rehabilitation demonstrated: Successful completion of stopping violence programme

• Family relationships preserved: Avoided protection orders and relationship restrictions

• Professional standing protected: No conviction consequences for employment

Significance

This case demonstrates the value of combining strategic charge negotiations with proactive rehabilitation efforts in domestic violence matters. The successful charge reduction from an intent-based offence to reckless disregard, coupled with demonstrated commitment to behaviour change through programme completion, achieved an exceptional outcome in a serious family violence context. The result shows how genuine rehabilitation efforts can influence sentencing outcomes whilst maintaining accountability for harmful behaviour.