Domestic Violence Defence Lawyer Auckland

Understanding Domestic Violence Charges in New Zealand

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Domestic violence allegations in New Zealand encompass a range of charges, each with specific legal elements and potential defences:

Strangulation/Suffocation
Recently introduced as a specific offence, these charges are treated with particular severity in the domestic context and carry significant penalties.

Family Violence Assault
These charges involve allegations of physical violence within domestic relationships. The severity ranges from common assault and assault on a person in a family relationship to more serious charges like assault with intent to injure when intention to cause injuries are alleged.

Male Assaults Female
This specific charge carries heavier penalties than common assault and is often applied in domestic settings. It requires particular defence strategies that acknowledge the special nature of the charge.

Breach of Protection Order
These charges arise when someone is alleged to have violated the conditions of a protection order. Even seemingly minor contact can result in serious consequences, including imprisonment.

Threatening to Kill
Threats of violence or damage within domestic relationships can result in criminal charges, even without physical contact occurring.

Property Damage
Damaging property during domestic disputes can lead to criminal charges in addition to any violence-related offences.

Domestic violence cases present unique challenges, including emotional complexity, relationship dynamics, and often conflicting accounts of what occurred. These cases demand legal representation with specific experience in family violence matters.

How Daniel Schellenberg Can Help

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A skilled domestic violence defence lawyer provides crucial guidance and representation throughout every stage of your case:

Immediate Intervention and Advice
Daniel can assist with urgent matters including:

Bail applications to ensure you can return home where appropriate
Advising on protection order responses
Guidance on permitted contact with family members
Management of immediate employment and reputational concerns

Comprehensive Case Analysis
Daniel meticulously examines every aspect of the allegations, including:

Witness statements and inconsistencies
Police investigation methods
Photographic or medical evidence
Communication history between parties
Context and relationship history

Strategic Defence Development
Based on thorough investigation, Daniel develops defence strategies that may include:

Self-defence claims: Establishing actions taken to protect yourself
Evidential challenges: Identifying inconsistencies in the prosecution case
Context establishment: Ensuring the full circumstances are understood
Alternative resolution: Exploring diversion, counselling or therapeutic approaches where appropriate
Negotiating with prosecutors: Seeking reduction or withdrawal of charges when justified
Discharge without conviction: Seeking a discharge without conviction under s106 of the Sentencing Act 2002

Skilled Court Representation
With extensive courtroom experience in domestic violence matters, Daniel provides effective advocacy throughout all court proceedings, including bail hearings, trials, and if necessary, during sentencing and appeals.

Essential Information About Domestic Violence Cases

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What should I do if I'm accused of domestic violence?

If you're facing domestic violence allegations:

Seek legal advice immediately, before making statements to police
Comply fully with any temporary protection orders while challenging them legally
Document your version of events while memories are fresh
Identify potential witnesses to relevant events
Avoid any contact with the complainant except as permitted by court orders

Follow your lawyer's guidance carefully throughout the process

What happens after a domestic violence arrest?

The typical process following a domestic violence arrest includes:

Initial police procedures and possible detention
First court appearance and bail consideration
Disclosure of police evidence
Case review and preparation of defence
Court hearings or negotiations for resolution

Sentencing or dismissal of charges

How can protection orders affect me?

Protection orders can have significant impacts:

Removal from your family home
Restricted or supervised access to children
Prohibition on contact with the protected person
Surrender of firearms
Travel restrictions in some cases

Requirements to attend stopping violence programmes

What penalties exist for domestic violence convictions?

Domestic violence convictions carry serious penalties in New Zealand:

Imprisonment for more serious offences (up to 7 years for strangulation/suffocation)
Community-based sentences for less serious matters
Mandatory attendance at intervention programmes
Long-term protection orders
Permanent criminal record affecting employment and travel

Potential impacts on custody and access to children

Why Choose Daniel Schellenberg

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When facing domestic violence allegations, your choice of legal representation will significantly impact both your case outcome and your future family relationships. Daniel Schellenberg offers:

Specialised expertise in domestic violence defence
Sensitivity to the complex family dynamics involved
Strategic approach to preserving family relationships where appropriate
Respectful, non-judgmental representation
Complete confidentiality and discretion
Clear communication throughout the legal process
Dedicated advocacy focused entirely on protecting your rights and securing the best possible outcome

Contact For Urgent Consultation

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Domestic violence allegations require immediate legal attention. Contact Daniel Schellenberg today for a confidential consultation to discuss your situation and understand your legal options.

Contact Daniel here.