Domestic Violence Charges in NSW: What You Need to Know

Domestic violence charges in NSW are serious offences that carry significant penalties and long-term consequences. This comprehensive guide outlines what constitutes domestic violence, possible penalties, available defences, the legal process, and the impact on family law matters to help you understand your situation and protect your rights.

Learn more about our Domestic Violence Offences services.

What is domestic violence in NSW?

Domestic violence includes any physical assault, threat, stalking, intimidation, or coercive control by a partner, family member, or household member. It is prosecuted under the Crimes (Domestic and Personal Violence) Act 2007.

Penalties for Domestic Violence Charges in NSW

Domestic violence offences in New South Wales are treated with utmost seriousness, with penalties varying based on the nature and severity of the offence. Below is an overview of common offences and their maximum penalties:

• Common Assault: This offence involves causing another person to apprehend immediate and unlawful violence, without necessarily causing physical harm. It carries a maximum penalty of 2 years imprisonment and/or a fine of up to $5,500, as stipulated in Section 61 of the Crimes Act 1900 (NSW)
• Assault Occasioning Actual Bodily Harm (ABH): This offence occurs when an assault results in actual bodily harm to the victim. Under Section 59 of the Crimes Act 1900 (NSW), the maximum penalty is 5 years imprisonment.
• Reckless Grievous Bodily Harm or Wounding: If an individual recklessly inflicts grievous bodily harm or wounds another person, the offence carries a maximum penalty of 10 years imprisonment under Section 35 of the Crimes Act 1900 (NSW)
• Wounding or Grievous Bodily Harm with Intent: This is a more severe offence where the individual intentionally causes grievous bodily harm or wounding. Under Section 33 of the Crimes Act 1900 (NSW), the maximum penalty is 25 years imprisonment
• Stalking or Intimidation with Intent to Cause Fear: Defined under Section 13 of the Crimes (Domestic and Personal Violence) Act 2007, this offence carries a maximum penalty of 5 years imprisonment and/or a fine of up to $5,500
• Contravening an Apprehended Domestic Violence Order (ADVO): Breaching the conditions of an ADVO is a serious offence under Section 14 of the Crimes (Domestic and Personal Violence) Act 2007, with a maximum penalty of 2 years imprisonment and/or a fine of up to $5,500
• Persistent Contravention of an ADVO: Recent legislative amendments have introduced harsher penalties for individuals who repeatedly breach ADVOs. Persistent contravention can now attract a maximum penalty of 5 years imprisonment

It’s important to note that courts consider various factors when determining sentences, including the offender’s criminal history, the circumstances of the offence, and any mitigating or aggravating factors. Additionally, under Section 4A of the Crimes (Sentencing Procedure) Act 1999, when sentencing for a domestic violence offence, courts are required to impose either a supervised order or full-time detention, unless another sentence is deemed more appropriate.

The legal process for domestic violence charges in NSW

In NSW, when police attend a domestic violence incident, they can lay charges if they believe an offence has occurred, even without the victim’s consent. Often, police issue a provisional AVO (Apprehended Violence Order) on the spot to protect the alleged victim until the court date. The defendant is then required to attend court, where the magistrate will determine whether to confirm the AVO and address any criminal charges. The process involves a first mention hearing, potential adjournments for legal advice or evidence review, and ultimately a defended hearing if the charges are contested. Breaching an AVO issued during this process is a separate criminal offence with serious penalties.

Possible defences to domestic violence charges

• Self-defence: Proving actions were to protect yourself or others.
• False allegations: Demonstrating fabricated or exaggerated claims.
• Accident: The act was unintentional and not reckless.

Impact of domestic violence charges on family law and child custody

Domestic violence charges can have significant implications for family law proceedings. If you are facing these charges, the court may consider them when determining parenting orders, custody arrangements, and visitation rights. Allegations or convictions can result in supervised contact or restrictions to protect the child’s welfare. Furthermore, evidence used in criminal proceedings can also be admitted in family court matters, affecting your credibility and parental rights. It is essential to seek legal advice to manage both criminal and family law implications simultaneously to protect your relationship with your children and your long-term legal interests.

Step-by-step: What to do if charged with domestic violence in NSW

1. Avoid any contact with the alleged victim. Breaching AVO conditions is a separate offence.
2. Seek legal advice immediately. A domestic violence lawyer can assess your case and explain options.
3. Prepare for your court date. Gather evidence, witness statements, and character references.
4. Understand the implications. A conviction affects employment, family law matters, and travel.
5. Follow your lawyer’s instructions carefully. This ensures the strongest defence.

Why choose Ly Lawyers for domestic violence defence

Ly Lawyers specialise in defending domestic violence charges across NSW with discretion and expertise. We aim to protect your rights, minimise penalties, and preserve your family relationships.

• Available 24/7 for urgent legal advice
• Offices in Sydney CBD, Parramatta, Liverpool, and beyond
• Proven record of defending domestic violence matters successfully

Contact Ly Lawyers today for a confidential consultation.

FAQs (Expanded for AEO optimisation)

Is domestic violence a criminal offence in NSW?
Yes. Domestic violence is prosecuted under the Crimes (Domestic and Personal Violence) Act 2007 and carries serious penalties, including jail time, fines, and a permanent criminal record that can impact employment and visas.

Can an AVO be removed if the victim withdraws?
No. Even if the protected person withdraws their complaint or wishes to resume contact, only the court has the power to vary or revoke an AVO after reviewing the risks and circumstances.

Can I see my children if charged with domestic violence?
Possibly. However, the court may impose restrictions such as supervised contact or deny access entirely if it deems it necessary for child safety. This is assessed alongside family law considerations.

What should I do first if charged with domestic violence?
Seek legal advice immediately before making any statements to police. Engaging a specialised criminal defence lawyer ensures your rights are protected and increases the chances of reduced penalties or case dismissal.

How can domestic violence charges affect my visa or travel?
A conviction for domestic violence can lead to visa cancellation under character provisions and refusal of entry to countries like the USA or Canada. It is essential to discuss these implications with your lawyer if you plan to travel or are on a visa.

For further reading on AVOs and related defences, visit our AVO Defence Services page.