Character reference for the court: Assault & Domestic Violence

Embarking on the challenging journey through the legal system can be an overwhelming and tense experience, especially when one's character becomes the vocal point within the courtroom. For individuals facing Assault and Domestic Violence charges, the importance of crafting an impactful character reference becomes pivotal in the pursuit of a fair and just outcome. 

This guide will delve into the essence of a character reference and provide the critical dos and don'ts of crafting a character reference that resonates with the court. Below we outline the key components of this guide:

• What to include in a Character Reference for Assault & Domestic Violence

• How to structure a character reference for Assault and domestic violence

• Sample character reference for the court for assault and domestic violence

• Who can write a character reference

• Things to avoid saying in a character reference & Writing tips

When drafting a character reference letter, it's crucial to provide a comprehensive and honest portrayal of the individual in question. This letter should reflect a formal tone while offering a sincere and personal perspective on the character of the person facing the assault and domestic violence charges. Here are key elements to include:

• Introduction of Yourself: Start by introducing yourself, specifying your occupation, and mentioning any relevant qualifications. This establishes your credibility and the context of your perspective.

• Acknowledgment of the Charges: While it's not necessary to have detailed knowledge of the legal specifics, acknowledging that you are aware of the assault and/or domestic violence charges and the individual’s court appearance lends authenticity to your reference.

• Addressing Uncharacteristic Behaviour and Showing Good Behaviour : Clearly state that the offence is inconsistent with the individual's usual conduct. Provide context, citing extenuating circumstances like mental health issues or external factors such as poverty, stress, or marital difficulties. Share your honest opinion of their character and reputation in the community. 

• Person's Reaction and Remorse: Discuss how the defendant has reacted to the charges. Are they remorseful? Have they shown distress or taken steps to make amends? This could include counselling, reparations, or apologies to those affected. Show the defendants openness to rehabilitation, emphasise the person's willingness to engage in rehabilitation efforts. Outline ongoing participation in rehabilitation programs, illustrating a commitment to overcoming assault-related offences.

• Impact of the Offences: Describe any hardships or consequences the person has already faced due to the offences, like job loss or damage to reputation.

• Positive Qualities and Contributions: Highlight the person's positive qualities, including any community involvement, voluntary work, achievements in their job, education, or sporting activities. This should paint a picture of their character and contributions to society.

Letterhead: i.e. CDE Pty Ltd 

‍‍Date: _/_/_‍

‍To: Presiding Judge or Magistrate 
(Name specific court you will be attending)

Introduction

Introduce yourself by stating your name, address, and profession. This establishes your identity and credibility. This information is crucial as it establishes who you are, your background, and potentially your standing in the community. This section is key for the court to gauge the reliability and relevance of your reference based on your own standing and credibility.

‍“My name is (insert name) residing at (address). I am a (profession, e.g. teacher, manager) at (specific company).....”

‍Clearly state how long and in what context you have known the person. This could be through work, community involvement, or personal relationship. 

‍“I have known (defendant's name) for (number) years/months. Our acquaintance began during my time working for (specific company), in which I regularly interacted and gained a close friendship with..”

‍Acknowledge the assault charges without going into detail. Mention your perception of the person’s feelings about the charge. Instead, focus on your understanding of the person's emotional and psychological response to the charges.

Guilt, understanding and remorse:

This part of the letter provides context to the accused's situation, helping the court understand any external factors that may have influenced their behaviour. It's important to describe any significant personal, financial, or emotional challenges they are facing, such as health issues in the family, financial strain, or other life stressors, which may have led to the violent and/or abusive related crimes. 

While it's crucial to provide this context, ensure that it doesn't come across as making excuses for their actions. Instead, focus on how these challenges have impacted their life and decision-making. 

‍“I understand that (the defendant) has to attend court about a domestic violence charge. He/she is very upset about the charge and I believe they are extremely sorry for the crime they have committed….”‍

‍“He/she has been under stress due to their (specific situation, e.g. mother's difficult battle with cancer’). Even though they have been charged with (specific charge, e.g. common assault) I would continue to trust (defendant) …”

Good character

Share your honest opinion about the person’s character. Focus on positive traits and, if applicable, their usual behaviour compared to the nature of the charges. It's important to relate these traits to your personal experiences or observations to add authenticity to your statements. If the charges against the person seem out of character, state this and explain why. 

‍“I can say throughout the years I have known (defendant) that her/his character has consistently displayed traits such as, having a strong work ethic, reliability and trustworthiness, and an overall respectful demeanour towards myself, their family and the community. 

‍‍I believe that any behaviour he/she displayed that caused he/she to be charged with (crime) was a one-off event…”

Prosepects and Rehabilitation

Detail what actions, to the best of your awareness, he/she has taken in terms of treatment or programs aimed at addressing a contributing factor to the offence. This information is crucial to persuade the Judge or Magistrate that there is a low likelihood of future offences. Feel free to highlight any observed progress or share insights conveyed by him/her regarding the advancements made through these endeavours.

‍“(Defendant) informs me that he/she has sought the assistance of a psychologist/counsellor specifically to address issues relevant to his/her personal well-being in the context of assault charges placed against them. ‍

‍According to him/her, the therapeutic sessions have proven highly beneficial, and he/she expresses a commitment to persist with the ongoing treatment…..”

Conclusion

Conclude by offering to provide further information if the court would like you to provide evidence about the contents of this letter, and sign off respectfully. 

‍“I am happy to discuss this reference and can be contacted on (include your phone number here). 

‍‍Yours faithfully, ‍
‍(Signature), ‍
‍(your name).”

‍Remember, each part of the letter should provide a clear and concise view of your relationship with the person, your understanding of their situation, and your honest opinion of their character. This template serves as a guideline, feel free to adjust the content to suit the specific circumstances and your personal knowledge of the individual in question.

The following are individuals typically deemed appropriate for crafting a character reference in cases related to assault and domestic violence offences:

Family friend

A family friend who is close with the defendant holds a unique perspective into their demeanour within familial and social circles. This source provides the court with valuable insights into the defendant's behaviour, attitudes, and relationships, presenting a comprehensive view of their character beyond the specific legal allegations.

Community member or volunteer

Those involved with the defendant in community initiatives or volunteering endeavours offer crucial observations beyond the legal context. This includes insights into the defendant's commitment to community welfare, their interactions with diverse groups, and the broader impact of their positive actions, presenting a holistic view of their character.

Employer

In cases involving assault and domestic violence charges, an employer's testimony tends to have particular significance. It can present the defendant's conduct within a professional setting, highlighting attributes such as emotional control, conflict resolution skills, and overall professionalism. This information becomes instrumental in demonstrating the defendant's capacity to manage stressors effectively.

Professional colleague

Colleagues within a professional setting possess a discerning perspective on the defendant's character, collaboration skills, and interpersonal dynamics. In the realm of assault or domestic violence charges, this reference serves to show how the defendant navigates relationships and communicates within the workplace, offering the court clear insights into their behaviour beyond the specific charged incidents.

When drafting a character reference for an individual facing Assault and Domestic Violence charges, it is imperative to exercise utmost caution and adhere to ethical guidelines. Here are key elements that should be excluded and the reasons behind it:

• Do not Contradict facts of the Case: The reference should not include statements that contradict the known facts of the case or the offender's own admissions. Factual accuracy is paramount in a character reference. Including inaccurate or deceptive details not only undermines the credibility of the reference but can also potentially harm the defendant's case by casting doubt on the integrity of the information presented.

• Do Not Suggest Penalties or Sentencing: It is not the role of the character reference to suggest what penalty the offender should receive. This decision is solely at the discretion of the magistrate or judge. Offering opinions on the appropriate penalty may be perceived as attempting to influence the court's decision, compromising the impartiality and objectivity necessary for a fair legal process.

• Antagonising the Judge or Magistrate: Maintaining a respectful and professional tone is paramount. Antagonising the recipient of the reference, such as the Judge or Magistrate, undermines the purpose of the document and may adversely impact the court's perception of the defendant.

• Refrain from Making Promises or Excuses: The reference should not include promises about the offender's future behaviour or make excuses for their past actions. It is important to remain factual and not speculate about future conduct.

• Avoid Addressing the Court Directly: The writer should not address the court or introduce themselves in the reference as if they are speaking directly to the judge or magistrate. The reference is a document about the offender, not a personal communication to the court.

• Avoid Unnecessary Personal Details: While it’s important to establish the nature of your relationship with the offender, avoid delving into unnecessary personal details. The focus should remain on the offender's character and actions, not on the personal life of the writer.

Below are key writing tips tailored to assist you in creating a compelling and suitable character reference letter for matters related to assault and domestic violence charges:

• Use an Official Letterhead: If you have access to an official letterhead, particularly if you're writing in a professional capacity, use it. It adds a level of formality and credibility to your letter.

• Start with Positive Qualities: Begin your letter by immediately highlighting the defendant’s positive qualities. This sets a constructive tone for the rest of the letter.

• Keep it Relevant to the Case at Hand: Ensure that the contents of your letter are relevant to the specific case. Tailor your examples and insights to be pertinent to the charges and the individual's character in that context.

• Stick to the Facts: Focus on factual information and firsthand observations. Avoid hearsay or assumptions, as these can undermine the reliability of your reference.

• Use a Respectful Tone: Maintain a respectful and formal tone throughout the letter. Remember that this document will be read by judicial professionals and should reflect a suitable level of respect for the court and its processes.

Character references for court cases vary significantly depending on the nature of the offence. Each type of offence brings its own nuances and considerations that need to be addressed in the character reference. Understanding these details is crucial for creating a reference that is both relevant and impactful for the specific case. Here are some key points for different offences:

• Character Reference for Assault and Domestic Violence Offences

• Character Reference for Driving and Trafic Offences

• Character Reference for Drink Driving Offences

Navigating the complexities of assault and domestic violence offence cases requires a nuanced approach when crafting character references for court. At Faraj Defence Lawyers, we specialise in crafting impactful character references for court, leveraging our expertise in these types of offences. 

Our dedicated team provides personalised advice to ensure your character reference is both effective and tailored to the specifics of your unique case. Whether you are the person writing the character reference for someone else or the individual who's being charged, we can help guide you through, highlighting the defendants' relevant positive aspects, addressing concerns, and ensuring the reference aligns with court formalities. 

In cases surrounding violence a character reference becomes more than just a legal formality - it becomes a lifeline for the accused. If you require assistance writing character references for the court, reach out to our team for a free initial consultation by calling us at (02) 8896 6034 or email us at af@farajdefencelawyers.com.au to organise a virtual meeting or in-person meeting at our Parramatta Office.