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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was assualted by a permanent resident that I had a child

Customer Question

I was assualted by a permanent resident that I had a child with and he's been charged with recklessly cause greivous bodily harm he also has other charges such as goods and custody and common assault and break avo. Will he be deported ?
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
He's got a bad criminal record already but these are his first violent offences
Customer: replied 1 year ago.
How long will his sentence be and will I have to go to court the police ready got video statement from me at the hospital on the day of the assault
Expert:  Leon replied 1 year ago.

Good Morning

My apology for the delay

What state are you in and do you know the section and the act he is charged under?

Is he pleading guilty or not guilty?

Customer: replied 1 year ago.
Nsw I don't know about those cuz I haven't been to court yet he's being charged with common assault recklessly cause greivous bodily harm break avo goods in custody and other charges I don't know about he's already spent more then 3 years in jail but not consecutively n we have a one year old child thats been removed from our care n lives w his mum
Customer: replied 1 year ago.
He's being charged under the crimes and domestic violence act 2007? Is that what you mean
Customer: replied 1 year ago.
This is my current avo
Customer: replied 1 year ago.
He's pleading guilty
Expert:  Leon replied 1 year ago.

Good Morning

They are serous charges.

The images are very graphic.

He is a permanent resident and this will not lead to deportation but he risks going to jail.

If you wish the minister to consider deportation you have to send a detailed letter to the minister with all the photos and once the sentence is handed down and ask them to re-consider his residency as this person is not a person of good character.

The Minister will then make up his mind if they cancel his visa.

But he risks going to jail.

I cannot say if he will be deported this is a matter fro the minister.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
How long will his sentence be do u think
Expert:  Leon replied 1 year ago.

Good Morning

It depends on the references he hands up and how remorseful he is.

The court deals with each matter on its own merits.

The Act only gives maximums and the court can decide how much it gives.

If the court accepts his position they may give him a good behavior bond and no jail

But no matter what they give him, he will get a criminal record.

This will affect his ability to travel and if he applies for citizenship he may not get is because of the record.

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