What Counts as Domestic Violence Under NSW Law?
Domestic violence isn’t a specific offence in itself. It is a characterisation of existing offences due to the relationship between the parties. The Crimes (Domestic and Personal Violence) Act 2007 (NSW) defines what is a ‘domestic violence’ offence under section 11. It provides that for an offence to be classified as a ‘domestic violence’ offence, it must involve persons in a domestic relationship and be a ‘personal violence offence’.
Domestic relationships are defined as between those who:
are or were married,
are or were in a de facto relationship,
who are in or have had an intimate relationship,
are living or have lived in the same household,
are living or have lived as long-term residents in the same residential facility,
have or have had a relationship involving ongoing care (paid or unpaid) of the other person,
are relatives.
In the case of an Aboriginal person or a Torres Strait Islander, domestic relationships will include their extended family or kin, with reference to the Indigenous kinship system of their culture.
Furthermore, domestic relationships can arise between two people if they have both had an intimate domestic relationship with the same person (i.e., partners, de-factos and marriages).
Examples of personal violence offences include common assault, assault occasioning actual bodily harm, intimidation, stalking, damaging property, breaching an Apprehended Domestic Violence Order (‘ADVO’), sexual assault, and murder.
It can encompass physical behaviour as well as non-physical behaviour. This means that charges can apply even where there are no injuries occasioned. It is also important to remember that charges can still proceed even where the complainant doesn’t want them to and is unwilling.
Why you should choose Elite Defence Lawyers?
We provide our clients with a free consultation to understand their cases and provide insight on how we're able to assist in their representation. We use our skills and to best develop the best outcome for our clients no matter the case.
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With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
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Domestic Violence Charges and Penalties in NSW
Penalties vary depending on the underlying offence that is considered domestic violence-related.
For example, common assault carries a maximum term of 2 years, assault occasioning actual bodily harm carries a maximum penalty of 5 years imprisonment, stalking or intimidation carries a maximum penalty of 5 years imprisonment, damaging property carries a maximum penalty of 5 years imprisonment, and coercive control carries a maximum penalty of 7 years imprisonment.
It is important to note that the actual sentence received after pleading or being found guilty depends on a multitude of considerations, including your criminal history, personal factors and circumstances of the offence.
Section 4A of the Crimes Sentencing Procedure Act 1999 (NSW) states that if a court finds a person guilty of a domestic violence offence, the court must impose on them either:
However, the court is not required to impose either of those sentencing options if the court is satisfied that it is not appropriate in the circumstances.
ADVOs will be issued alongside domestic violence offences. However, the conditions sought by the police will depend on the particular circumstances of the matter.
If you receive a conviction for a domestic violence offence, it can impact your employment prospects, ability to obtain a visa or permanent residency, and can have consequences in family law proceedings.
Will I Go to Jail for a Domestic Violence Offence?
It is not automatic that you will go to jail for a domestic violence offence. However, it is important to keep in mind that imprisonment or a supervised order is directed as a key consideration for the court when sentencing domestic violence offenders.
There are numerous other sentencing options that may be appropriate including:
Non-conviction orders (i.e., s10(1)(a) dismissal and conditional release orders, without conviction).
Conditional release order with conviction.
Fines.
Community corrections order.
Intensive corrections order.
There are numerous factors that influence sentencing, including whether you have any prior offences, the nature of the offence (i.e., in terms of seriousness), whether you have pleaded Guilty early or were found Guilty, remorse, rehabilitative efforts, and your personal factors. It is important to have adequate representation to allow for a good result in all circumstances.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
Defences to Domestic Violence Charges in NSW
Defences to domestic violence charges will depend on the underlying offence and the particular circumstances of the matter. However, common defences include:
Self-defence (i.e., where it involves an assault charge),
False allegation (particularly arises during relationship breakdowns),
Consent (i.e., where it involves an assault charge without injury),
Lack of evidence.
Each case is unique and the right defence will always depend on the evidence, your version, and the context of the alleged incident. Legal representation will allow for the complainant’s credibility to be tested at court, including with reference to the consistency of any statements made. A lawyer will also be able to examine the police’s conduct and procedures employed.
In the course of defending domestic violence allegations, it is important to note that applications can be made for the associated ADVO to be varied so that stringent conditions can be lessened as the matter is determined at court.
What What Happens After You’re Charged With a Domestic Violence Offence?Is an ADVO or APVO in NSW?
If you have been charged with a domestic violence offence, it follows a more streamlined process in the Local Court, so that they can be finalised more efficiently.
You are meant to be served with a ‘mini brief’ after being charged, which should contain the alleged facts, a copy of the complainant’s statement and any photographs on which the prosecution will rely.
The complainant’s statement will most often be in the form of a Domestic Violence Evidence in Chief (‘DVEC’), which is a video-recorded statement and not a written statement like is common in most matters.
You will generally be required to enter a plea of Guilty or Not Guilty on the first court date.
If a plea of not guilty is entered, the matter will be adjourned to a defended hearing date.
It is important to remember that throughout this process, it is not the complainant who controls the prosecution, but the police who are pursuing the matter. Only the police can withdraw charges, prior to a matter proceeding to a defended hearing date.
Early legal advice and decisive action can lead to withdrawal of the proceedings, downgraded charges or a resolution without conviction.
Why Acting Early Can Help Your Case
It will be important to obtain legal help immediately after you are arrested and have been charged. This is crucial in matters where the police or the court has imposed strict bail or ADVO conditions. Obtaining early legal advice can ensure you understand what you can’t and can do.
There are a multitude of advantages of early negotiations with the police, including a swifter resolution to the matter. It can mean that you preserve discount of an early guilty plea, or legal representation can seek the early withdrawal of a matter without the need to proceed to a hearing.
What To Do If You’ve Been Accused of Domestic Violence
If you have been accused of domestic violence, it will be important to:
Gather any text messages, recordings, photos and documents,
Comply strictly with your ADVO and bail conditions,
Do not discuss the proceedings with the complainant,
Do not post about the matter on social media,
Call Elite Defence Lawyers immediately for strategic advice.
It is important to obtain urgent legal advice to set the course of your proceedings. Many accused people make things worse for themselves by trying to explain themselves or contacting the complainant.
Why Choose Elite Defence Lawyers for Your Domestic Violence Case?
Domestic violence charges are among the most sensitive and complex matters before NSW courts. At Elite Defence Lawyers, we have extensive experience defending clients in domestic violence cases across Greater Sydney, including Sutherland. Our team understands how these cases often overlap with family law, allegations of coercive control, and breaches of ADVOs, and we know how to handle them with care and precision.
We are proud of our proven results—helping clients achieve withdrawn charges, downgraded offences, and no convictions where possible. Our approach is strategic, discreet, and focused on protecting your rights and future.
With fixed fees and complete transparency, you can be confident about costs from the outset. We provide professional yet supportive guidance, ensuring you feel informed and reassured at every stage.
If you need trusted domestic violence lawyers Sydney, call now for a free initial consultation with Elite Defence Lawyers.
