Hannaway Lawyers Pty Ltd
Criminal Lawyers
Based in Port Macquarie
Douglas and Gabrielle practice in the local, District and Supreme Court in simple and complex criminal law cases.
Charges & Defence
Your Local Criminal Lawyers
Douglas Hannaway is an Accredited Specialist in criminal law. He is only one of two solicitors in Port Macquarie with specialist accreditation. Only 6.7% of all lawyers in NSW have specialist accreditation in criminal law.
The team have successfully defended people on many occasions in the local court and in the District and Supreme Court. Our solicitors have both instructed in many jury trials and sentencing hearings in the District Court.
Not all solicitors can represent you on Legal Aid in the District or Supreme Court, because they lack the accreditation to do so. Douglas and Gabrielle are able to represent you in the Local Court, District Court and Supreme Court where Legal Aid does not retain a Grant of Legal Aid for you.
Douglas is practiced in preparing and running local court hearings. If you wish to plead not guilty to an offence, you should consider utilising an Accredited Specialist to represent you in the local court. If you have a serious charge that will be sent to the District Court, we can represent you up until the trial or sentence, and get the best barristers to represent you at your trial or sentencing hearing.
We work closely with our barristers to help you in your matters. We investigate the accusations against you and prepare each matter carefully and concisely so that your story is told to the court with precision.
Note: Legal aid has a policy of retaining all legal aid criminal law matters. We cannot make an application and represent you in the local court, as the local office handles them. In limited cases, we can represent you on legal aid in the District or Supreme Court where legal aid at Port Macquarie agrees to transfer the file to us. You can nominate our firm when you make the application.
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Frequently Asked Questions
What is considered a criminal offence in Australia?
A criminal offence is conduct prohibited by law and punishable by the courts. Offences range from minor summary matters, like traffic infringements, to serious indictable offences, such as assault, robbery, and drug trafficking.
What are the main types of criminal offences in NSW?
Common categories include offences against the person, property offences, drug offences, traffic matters, sexual offences, and public order offences. The type of offence determines which court hears the matter and possible penalties.
What happens after being charged with a criminal offence?
After charges are laid, the accused appears in court to enter a plea. A guilty plea leads to sentencing, while a not-guilty plea results in a hearing or trial.
What We Do
Defending Your Rights
Hannaway Lawyers Pty Ltd can assist with all criminal law matters, including the following:
- Providing initial advice about your criminal charge or AVO
- Deciding whether to defend a charge (go to a hearing before a magistrate or Judge), or plead guilty
- Deciding to appeal a decision from the local court to the District Court
- Represent you in court
- File an application for an AVO or represent you to defend against an AVO
Examples of charges we can represent you on are:
- Assaults (e.g., common assault, assault occasioning actual bodily harm, assault occasioning grievous bodily harm, recklessly cause grievous bodily harm, cause grievous bodily harm with intent & reckless wounding)
- Drug offences (e.g., possession, supply & cultivation)
- Murder & manslaughter
- Dangerous driving causing death
- Domestic violence offences & associated AVOs
- Firearm or dangerous weapon offences
- Perjury
- Robbery - armed/in company
- Theft
- Fraud offences
- Computer-related crime (e.g. information theft, blackmail, hacking & revenge porn)
- Affray
- Appeals
- PCAs & DUI (see our page on driving matters)
Give our office a call to discuss whether we can assist you with your matter.
apprehended violence order
AVO's
In NSW, a restraining order is called an apprehended violence order, or AVO. If you have been served with an AVO, it is important that you attend court on the time and date that is on the paperwork. Failure to do so may result in the matter being dealt with in your absence.
A solicitor can give you advice about your prospects of defending the AVO, prepare you for the hearing and represent you at court. Douglas Hannaway is an Accredited Specialist in criminal law. He is only one of two solicitors in Port Macquarie with the specialist accreditation. Only 6.7% of all lawyers in NSW have specialist accreditation in criminal law.
AVO's are part of the criminal law area. The team at Hannaway Lawyers Pty Ltd have successfully defended against many AVO's in the local court, and successfully obtained many private AVO's on behalf of individuals.
Types of AVO's
There are two kinds of AVOs that can be made in New South Wales:
1. Apprehended domestic violence order (ADVO) – these orders are made when the parties are, or have been:
- In a relationship or are related
- Living together
- Are living in the same residential facility, or
- Are in a carer relationship
2. Apprehended personal violence order (APVO) – these orders are made if the parties are acquaintances and do not have a domestic relationship. This can include neighbours, acquaintances, team mates or work colleagues.
Applying for an AVO
The police, or an individual can make an application to protect themselves and other people close to them for an AVO, however, the police are the only people who can apply for a child to be listed on an AVO.
Usually the police apply for an AVO in circumstances where the police have been called, and actual harm has occurred or a person fears abuse or harm. That may include physical assaults, intimidation, threats of harm, stalking, harassment or sexual abuse.
If the police do not take out an AVO when you have requested one, you can apply for one privately. You prepare an application for an AVO, sign it and file it at the local court. The police serve the defendant with the AVO, and you go to court when the local court registry notifies you of the court date.
If the person consents, the AVO is made and the matter is over. If the person does not consent then it is listed for a hearing and both parties prepare written statements, leading up to a hearing.
We can also assist you to prepare subpoenas to assist your case. You may wish to subpoena police records of complaints between yourself and the other person or to get the other person’s criminal history, community housing, your medical records or hospital, etc.
Hannaway Lawyers Pty Ltd can provide you with initial advice about defending an AVO, or about making the decision to take one out. We can then assist you to defend or prepare an application for an AVO.
Contact us today to get the process started.
