Domestic violence keeping a clean record

This video is about the Court's approach to domestic violence cases and people seeking to be discharged without conviction.

Understanding New Zealand Law: Domestic Violence and Keeping a Clean Record

When it comes to domestic violence cases in New Zealand, the court's approach can be somewhat more lenient than in other cases when considering a discharge without conviction. This is because the court takes into account the impact a conviction may have on your family moving forward, such as employment issues and how these might affect your partner and children.

The Court's Approach

However, it's important to note that a discharge without conviction is by no means a given in domestic violence cases. You still have to work very hard to achieve this outcome. The typical way a court will deal with a domestic violence case is to send the offender for an anger management course, which can be up to 16 weeks long. If alcohol is involved, you might also have to undergo alcohol counselling.

The Importance of Written Submissions

In most cases, you will still need to make written submissions to the judge. This is because you have to satisfy the court that the impact of the conviction outweighs the seriousness of the offence. Given that all domestic violence cases are serious, this can be a significant hurdle to overcome.

How to Respond

The best approach is to ensure your case is dealt with correctly from the start. If you are pleading to a domestic charge, you want to make sure it is the lowest possible charge that could be dealt with. This will make it easier to get a discharge without conviction. This process requires a lawyer to carry out negotiations with the police.

Reach Out for Help

If you're facing a domestic violence charge and want to try to keep a clean record, don't hesitate to get in touch with me. You can Phone me on 021488367 or 0800 BUSTED (0800287833) or email me.We can discuss your options and the best way forward for your case.