Are you facing criminal charges for alleged domestic violence in Sydney? If so, it is crucial to have the support and expertise of a highly experienced criminal defence lawyer who will fight for your rights, absent discrimination.
LY Lawyers is a leading law firm in Sydney, specialising in criminal defence work, representing individuals who have been charged with criminal offences. With over 20 years of experience, our reputation as aggressive defence lawyers precedes us.
We are dedicated to providing exceptional legal representation and achieving the best possible outcomes for you.
What Qualifies as ‘Domestic Violence’?
The term ‘Domestic Violence’ (aka ‘Family Violence’ or ‘Domestic Abuse’) is broadly defined as any act of aggression or dangerous behaviours aimed toward a family member or any person/s the accused has had an intimate relationship with – ultimately causing them to fear for their safety and well-being (see The Crimes (Domestic and Personal Violence) Act 2007).
Domestic violence is a broad and complicated allegation as these behaviours can include anything from physical, sexual, emotional, and/or psychological abuse, including financial abuse, spiritual abuse, and social isolation.
Let’s take a closer look at the different types of domestic violence:
- Physical Abuse: Physical Abuse refers to any physical act of violence or assault occasioning actual bodily harm to another person. This can include anything from hitting, biting, slapping, strangulation/attempts to choke, or the use of weapons. Other related charges include:
- Common Assault Charges.
- Intentionally Causing Grievous Bodily Harm.
- Reckless Wounding.
- Recklessly Inflicting Grievous Bodily Harm.
- Sexual Abuse: Sexual Abuse refers to unwanted sexual contact in any form, be it rape, sexual assault, unrequited intimate contact, or forcing another individual to perform various sexual acts.
- Emotional & Psychological Abuse: Emotional and Psychological Abuse involves any form of psychologically aggressive behaviour that causes the affected person/s to feel distressed or unsafe. This can include verbal humiliation and abuse, degradation, social isolation, and intimidation.
- Financial Abuse: Financial Abuse refers to the unjustified control of a person’s access to money or other vital resources as a means of controlling or trapping them in a relationship. It can also refer to manipulating a person into committing various acts with the threat of having their personal finances restricted.
- Spiritual Abuse: Spiritual Abuse involves the use of religious or spiritual beliefs as a means of control, or to justify negative and abusive behaviour. It can also include forcing another individual to align with one’s beliefs against their will.
- Malicious Damage of Property: Malicious Damage of Property refers to intentionally causing damage to someone else’s property without lawful justification. It typically involves acts such as vandalism, arson, or destruction of property.
- Stalking / Harassment: Stalking and Harassment in general refers to persistent and unwanted behaviour that ultimately causes the other person to live in fear and feel distressed about their personal safety. This can include following a person in the street, making suggestive threats, and/or sending unwanted messages or emails.
The important thing to remember when talking about Domestic Violence is that no two cases are the same and can involve any one or more of the above types of abuse.
This is why LY Lawyers, your chosen criminal defence lawyers in Sydney, is dedicated to solving each case individually while ensuring that all of the facts are brought to light so as to provide the best possible defence.
What is a Domestic Violence Order (DVO)?
A Domestic Violence Order (or DVO), is a legal order that prevents the accused from having certain forms of contact with another person. This is on the basis that there has been alleged domestic violence between both parties, and the other person involved is in need/feels in need of protection.
- A DVO may prohibit a person from making contact with another person entirely.
- A DVO can be made against:
- Partner
- Ex-partner
- Parent
- Child
- Sibling
- Anyone else with whom a person has had a ‘domestic’, intimate, or familial relationship with.
- There are several types of Domestic Violence Orders and they can vary depending on the jurisdiction, including:
- Temporary Protection Order (TPO): A Temporary Protection Order is typically issued in emergency situations when immediate protection is needed. It serves as a temporary measure until a more formal hearing can be held. A TPO is often granted based on the petitioner’s allegations of domestic violence or abuse and provides temporary relief and safeguards for the victim.
- Protection Order (PO): A Protection Order, also known as a Restraining Order or an Intervention Order in some jurisdictions, is a more formal and long-term order issued by a court after a hearing. It is designed to protect a victim of domestic violence and may include provisions such as prohibiting the abuser from contacting or approaching the victim, granting the victim possession of the shared residence, or establishing child custody and visitation arrangements.
- Consent Order: A Consent Order is an agreement reached between the parties involved in a domestic violence case without the need for a formal hearing. It is a voluntary agreement that specifies the terms and conditions both parties have consented to, and it is typically approved by the court. Consent Orders may include provisions for protection, custody, visitation, financial support, or other relevant matters.
- Order Granted at a Hearing: This refers to a Domestic Violence Order that is granted by the court after a formal hearing where both parties present their arguments and evidence. The court considers the facts and circumstances presented and determines whether to issue a DVO. The order may contain provisions for protection, custody, visitation, or other appropriate measures to ensure the safety and well-being of the victim.
Who Can You Turn to When You Have Been Accused of Domestic Violence?
If you have been accused of domestic violence and have had serious charges filed against you, it can have a devastating impact both on your personal and professional life. Understandably, this can lead to feelings of extreme anxiety and alienation, rendering you lost and unsure of how best to proceed – which is where LY Lawyers come in.
We are among the finest domestic violence and criminal defence lawyers in Sydney and we are here to help you tell your side of the story and build a solid defence.
How Our Domestic Violence Lawyers Can Help
Here’s What We Can Do For You
Our domestic violence lawyers in Sydney are well-versed in the Australian legal system and can help you safely navigate the complexities of the allegations filed against you:
- Apprehended Violence Order (AVO)
- Apprehended Domestic Violence Order
- Apprehended Personal Violence Order
- Stalk & Intimidation Offences
- Responding to allegations of domestic violence can be overwhelming, particularly if you have never had to deal with any legal proceedings before. Fortunately, LY Lawyers can help you when
- Addressing Unacceptable Risk Concerns in a Notice of Risk: Offering strategies to effectively handle and mitigate concerns related to unacceptable risks as outlined in a notice of risk.
- Communicating with Police and Obtaining Complaint Information: Providing guidance on the best approach to engage with law enforcement authorities, including strategies for effective communication and obtaining relevant information pertaining to a complaint.
- Preparing Evidence in Response to Family Violence Allegations: Assisting in the preparation of evidence to effectively address and respond to allegations of family violence, ensuring the presentation of a comprehensive and well-supported case.
- Responding to Parenting Applications for Relocation, Exclusive Occupation Orders, Interim Property or Cost Orders, and Spousal Maintenance Claims: Offering guidance on how to respond to various parenting applications, such as those related to relocation, exclusive occupation orders, interim property or cost orders, and spousal maintenance claims. Providing strategies and legal support to navigate these applications effectively.
If you are feeling overwhelmed and would like to learn more about the Domestic and Family Violence Essentials, simply follow the link for an excellent and detailed resource from Legal Aid NSW.
