Domestic Violence Offences

Domestic Violence

Domestic violence is not a single criminal offence. It is a broad term describing abusive, threatening, coercive or controlling behaviour by one person towards another person with whom they have, or previously had, a domestic relationship. 

Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a domestic relationship may include: 

  • current or former intimate partners; 
  • family members and relatives; 
  • people who live or have previously lived in the same household; 
  • people who live or have lived in the same residential facility; 
  • people who have, or previously had, a dependent care relationship; and 
  • certain relationships recognised within Aboriginal and Torres Strait Islander communities. 

Domestic violence can affect people of any age, gender, cultural background, socioeconomic status or sexual orientation.

Forms of Domestic Violence 

Domestic violence may involve a single incident or an ongoing pattern of conduct. It can include: 

  • physical abuse, such as hitting, pushing, choking or causing injury; 

  • sexual abuse, including sexual activity without consent; 

  • emotional or psychological abuse, such as intimidation, humiliation or persistent verbal abuse; 

  • coercive or controlling behaviour, including isolating a person or monitoring their movements and communications; 

  • stalking or intimidation, whether in person or through electronic communications; 

  • financial or economic abuse, such as controlling access to money or preventing a person from working; 

  • property damage, including damaging a person’s home, vehicle or belongings; 

  • technology-facilitated abuse, such as tracking a person’s location or repeatedly contacting them online; 

  • threats directed towards a person, their children, relatives, pets or property; and 

  • contraventions of an apprehended domestic violence order. 

Some conduct may result in criminal charges, an application for an apprehended domestic violence order, or both. 

Domestic Violence in New South Wales 

Domestic violence continues to be a significant issue throughout New South Wales. Statistics published by the NSW Bureau of Crime Statistics and Research consistently record tens of thousands of domestic violence-related assault incidents each year. 

Statistical information changes over time and should be interpreted carefully. The circumstances of each reported incident, charge and court proceeding are different. Current data should be obtained directly from official NSW Government sources. 

Domestic Violence Offences 

A person accused of domestic violence may face one or more criminal charges. Common charges include: 

  • common assault; 
  • assault occasioning actual bodily harm; 
  • reckless wounding or grievous bodily harm; 
  • intentional wounding or grievous bodily harm; 
  • sexual assault; 
  • stalking or intimidation; 
  • choking, suffocation or strangulation; 
  • damaging or destroying property; 
  • making threats or using a carriage service to menace or harass; 
  • recording or distributing intimate images without consent; and 
  • contravening an apprehended domestic violence order. 

 

Where an offence occurs within a domestic relationship, it may be recorded as a domestic violence offence. This classification may affect the way police, prosecutors and courts manage the matter. 

Apprehended Domestic Violence Orders 

An apprehended domestic violence order, commonly referred to as an ADVO, is a civil order intended to protect a person from violence, threats, stalking, intimidation or other prohibited conduct. 

An ADVO may include conditions that prevent the defendant from: 

  • approaching or contacting the protected person; 
  • attending the protected person’s home, workplace or other specified locations; 
  • living at a shared residence; 
  • approaching the protected person within a specified period after consuming alcohol or using prohibited drugs; 
  • damaging property; or 
  • engaging in specified conduct towards the protected person. 

 

The making of a final ADVO does not, by itself, amount to a criminal conviction. However, contravening an ADVO is a criminal offence and may result in imprisonment. 

Our Services 

Our lawyers provide representation in relation to: 

  • criminal charges arising from domestic violence allegations; 
  • apprehended domestic violence order applications; 
  • applications to vary or revoke an ADVO; 
  • alleged breaches of an ADVO; 
  • bail applications and variations of bail conditions; 
  • representations seeking the withdrawal or amendment of charges; 
  • defended hearings and trials; 
  • pleas of guilty and sentencing proceedings; and 
  • urgent advice following arrest or police contact. 

 

We represent both applicants and defendants in ADVO proceedings, as well as people charged with domestic violence-related criminal offences. 

 

 

key processes for handling domestic violence offences

Protection Order Response (ADVO / IVO)

Managing the immediate police-issued or interim court orders to negotiate workable conditions or contest restrictions regarding family contact and residence access.

Brief of Evidence Analysis

Scrutinising the police body-worn camera footage, complainant statements, and digital communications to identify inconsistencies, exaggerations, or a lack of corroborating physical proof.

Representations for Withdrawal

Lodging formal legal submissions to the police prosecutors arguing that the charges lack a reasonable prospect of conviction or that it is not in the public interest to proceed.

Defended Hearing Litigation

Presenting a robust defence at a contested Magistrates Court hearing, cross-examining witnesses, and establishing legal defences such as self-defence or factual innocence.