[HS] Navigating Domestic Violence Cases and New Coercive Control Legislation in NSW
Family violence matters and their implications are increasing. Examine the new Coercive Control Legislation and effective strategies for clients facing charges under new legislation. Gain insights directly from the Bench regarding the changing landscape of AVOs. Navigate evolving bail and sentencing issues while managing client expectations. Explore the intersection of Family and Criminal Law and the significance of future risk assessment in relation to family violence. WEB249N02
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Helen Christinson, Partner, Hugo Lawyers, Recommended Criminal Defence Lawyers, Doyle’s Guide 2023
2.00pm to 2.15pm VIEW FROM THE BENCH: Navigating Lapsing AVOs in Cases without Formal Charges
Presented by Her Honour Magistrate Jenny Atkinson, Local Court of New South Wales
2.15pm to 3.00pm Advising Clients Charged Under the New Coercive Control Legislation
- Overview of the new Coercive Control Legislation
- Strategies for advising clients charged under this legislation
- Understanding legal defences and mitigating factors
- Practical guidance for navigating the legal process and supporting clients
Presented by Hayley Dean, Solicitor Advocate, Legal Aid, Accredited Specialist in Criminal Law
3.00pm to 4.00pm Sentencing and Bail Applications for DV Accusers: Managing Client Expectations in Light of Latest Developments
- Serial family violence declarations from a criminal perspective
- Bail applications where someone has been changed with Serious Family Violence
- Pleas in mitigation for Family Violence Order offences
- Where do we stand on bail?
Presented by Carolina Soto, Barrister, Black Chambers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Myth Busting the Intersection Between Family Violence Restraining Orders and Family Law
- Allegations vs findings of guilt and the impact both have in family law proceedings
- How future risk is the indicator of unacceptable risk
- The Right to Silence vs the compulsion to file
Presented by Samantha Lewis, Principal and Director, Lewis Family Lawyers; Accredited Specialist in Family Law
Presenters
Helen Christinson
Helen Christinson is a Senior Associate at Hugo Law Group and practices exclusively in Traffic and Criminal Law. Whether appearing in bail applications, sentence matters, defended hearings or other applications in the Children’s Court or Local Court, conviction and severity appeals in the District Court, or high-profile trial and sentence matters for State and Commonwealth offences, Helen is a detail-focused, empathetic, energised and tenacious advocate. She has a wide range of legal experience from Local Court traffic matters to complex murder trials in the Supreme Court. In 2021 and 2022 Helen was recognised by members of the profession as a Criminal Law Rising Star in the Doyle’s Guide – Sydney.
Hayley Dean
Hayley Dean is the current Solicitor Advocate at Legal Aid NSW Parramatta, undertaking trial, sentencing and committals work. Hayley is a member of the Coercive Control Training Committee of Legal Aid NSW. Hayley is currently working on a coercive control podcast and has written a paper about Coercive Control, as well as sharing her materials with the NSW DPP in their rollout of training. Hayley has been employed as Solicitor of Legal Aid since 2008 predominantly working on trials, CCA matters and Local Court. Hayley started her solicitor career nearly 19 years ago with Commonwealth DPP, and then the NSW DPP. Hayley gained Specialist Accreditation in Criminal Law in 2013.
Carolina Soto
Carolina Soto has a diverse practice with a focus on criminal law (adults and children), mental health law (Mental Health Review Tribunal and Guardianship division at NCAT) and family law (as it relates to children and/or criminal matters that may effect parenting proceedings). Specialisation in domestic violence matters across the Local and District Court, as well as defending private Apprehended Domestic/Personal Violence Orders. Before being called to the Bar, Carolina was a solicitor at Legal Aid for 10 years where she represented clients in Court on a daily basis in Local, Children’s and District Courts. Prior to that, Carolina worked as a Judge’s Associate in the NSW District Court and interned at the United Nations Office of the High Commissioner for Human Rights in Geneva, Switzerland. Carolina has worked as a casual academic at various universities including, Western Sydney University and the University of New England. She has appeared as a guest lecturer at the University of New South Wales and is an advocacy instructor at the College of Law.
Samantha Lewis
Samantha Lewis is an Accredited Specialist in Family Law. Having over a decade of experience in the law working in complex family law matters, Samantha is able to not only provide expert advice but can advocate for her clients at an exceptional level. With a background in criminal law, clients with all issues that arise in family law matters are able to feel supported, understood and well represented. Samantha regularly attends mediations and appears in the Family Court and the Federal Circuit Court in all states in Australia (except Western Australia) and has been successful in representing her clients in the following types of cases: International and interstate relocations; International property disputes involving anti-suit injunctions; Serious family violence cases involving simultaneous criminal proceedings; High net worth property division; Parenting matters involving children with special needs; Complex property divisions involving inheritances. Samantha is a highly responsive, thoughtful and diligent lawyer who will return your calls same day. Samantha understands separation can be one of the most difficult times in a person’s life which is why Samantha is always accessible to her clients, anytime.