Domestic Violence Lawyers Sydney
- Expert Defence for DV Charges & AVOs
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- Avoid a Criminal Conviction
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Expert Defence for Domestic Violence & AVO Charges
Being accused of domestic violence is a serious and stressful experience. A domestic violence charge or an Apprehended Violence Order (AVO) can have profound consequences, affecting your family, employment, and future.Â
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our experienced domestic violence lawyers provide robust legal representation across the full spectrum of domestic and family violence matters, including:
- Apprehended Violence Orders (AVO)
- Domestic Violence
- Assault Charges
- Break & Enter
- Drug Offences
- Firearms & Weapons
What is a Domestic Violence Offence in NSW?
In NSW, a criminal charge is classified as a domestic violence offence based on the relationship between the accused and the complainant. Governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW), this specialised area of criminal law applies when a personal violence offence occurs within a defined domestic relationship.
The law defines a ‘domestic relationship’ very broadly. It extends beyond current or former spouses and de facto partners to include other family members, such as parents or siblings, and even individuals who live or have previously lived in the same household. This wide scope means a family violence charge can arise from many different personal situations.
A domestic violence offence is not limited to physical assault. The law also covers a wide range of behaviours, including stalking, intimidation, property damage, and psychological or financial abuse. An allegation can lead to a serious domestic violence charge and an Apprehended Domestic Violence Order (AVO), making it essential to seek legal advice from an experienced criminal lawyer to understand your rights and options.
Types of Domestic Violence Offences in NSW
The legal definition of a domestic violence offence in NSW is broad and covers a wide range of behaviours beyond physical assault. An act can be considered a family violence offence if it is intended to intimidate, control, or cause fear in a person with whom you have a domestic relationship.
Our experienced domestic violence lawyers provide expert legal representation for all related criminal law matters, including:
- Common Assault:Â Any act of unwanted physical contact or threat of violence.
- Assault Occasioning Actual Bodily Harm (ABH):Â An assault that results in an injury more serious than a fleeting pain.
- Stalking and Intimidation:Â A pattern of behaviour, including following, watching, or contacting someone to cause them to fear for their safety.
- Breaching an AVO:Â Contravening any condition of an Apprehended Violence Order.
- Property Damage:Â Intentionally or recklessly damaging property belonging to a person in a domestic relationship.
- Using a Carriage Service to Menace or Harass:Â Using a phone, the internet, or social media to threaten or seriously offend someone.
Penalties for Domestic Violence Offences in NSW
A conviction for a domestic violence charge results in a criminal record. Our experienced domestic violence lawyers are dedicated to helping you navigate the court process, building a strategic defence to avoid a conviction, and working to minimise any penalties to protect your future.
Penalties for Common Domestic Violence OFfences
The maximum penalties for common domestic violence charges are outlined below.
| Offence | Maximum Penalty |
|---|---|
| Common Assault | 2 years imprisonment and/or a $2,200 fine |
| Assault Occasioning Actual Bodily Harm | 5 years imprisonment |
| Reckless Wounding | 10 years imprisonment (14 years if in company) |
| Stalk or Intimidate | 5 years imprisonment and/or a $5,500 fine |
| Contravene AVO | 2 years imprisonment and/or a $5,500 fine |
Penalties for Destroying or Damaging Property
Intentionally or recklessly destroying or damaging property belonging to a person within a domestic relationship is a serious offence. The maximum penalty in the Local Court is determined by the monetary value of the damage.
| Value of Property | Maximum Penalty (in Local Court) |
|---|---|
| More than $5,000 | 2 years imprisonment and/or an $11,000 fine |
| $5,000 or less | 12 months imprisonment and/or a $5,500 fine |
| $2,000 or less | A fine of up to $2,200 |
It Is Possible To Avoid a Conviction and The Harshest Penalties
An experienced criminal lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to fight the charges or seek a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your record and your future.
If you are facing a domestic violence charge, it is vital to seek expert legal advice immediately.
Can a Domestic Violence Charge Be Dropped?
Yes, it is possible to have a domestic violence charge withdrawn before it proceeds to a final court hearing. Achieving this outcome requires a proactive and strategic criminal defence from the very beginning. Getting a charge dropped early can save you from the significant stress and expense of a defended hearing.
Our Sydney domestic violence lawyers have a proven track record of successfully negotiating with NSW Police to have charges withdrawn. We achieve this by meticulously analysing the police evidence to identify weaknesses, inconsistencies, or procedural flaws.
We then draft detailed legal arguments (representations) to the prosecution, outlining why the domestic violence charge should not proceed. Our goal is to secure the best possible result for you at the earliest opportunity.
How a Domestic Violence Charge Impacts Family Law
A domestic violence charge or an Apprehended Violence Order (AVO) can have devastating and long-lasting consequences for related family law proceedings. The Family Court is required by law to prioritise the safety of children, and any allegation of family violence will be a primary consideration.
A conviction or an AVO can significantly impact your future. Our family violence lawyers provide expert legal assistance to navigate these challenges and protect your interests.
- Parenting and Children: Under the Family Law Act 1975 (Cth), the court must consider any AVOs or family violence convictions when making parenting orders. This can severely restrict your ability to spend unsupervised time with your children.
- Employment:Â A domestic violence conviction can appear on a criminal record check, potentially affecting your current job and future employment prospects, especially if you require a Working with Children Check.
- Licences:Â A conviction or AVO can result in the automatic suspension of a firearms licence for up to 10 years.
What happens when you get a domestic violence charge?
If you or a loved one is charged with a domestic violence offence, the following steps typically occur:
- Bail Decision:Â Bail will either be granted or refused depending on the circumstances of the charge and the risk factors involved.
- Court Attendance: You will be required to attend court where you must enter a plea of ‘guilty’ or ‘not guilty’.
- Legal Advice:Â It is highly recommended to seek expert legal advice before attending court to understand your rights and options.
- Urgent Representation:Â Our domestic violence lawyers can urgently appear in court to make bail applications and provide on-the-spot legal advice and representation.
What happens at a domestic violence trial?
A domestic violence trial or hearing generally follows this process:
- Plea Confirmation: The court confirms your plea of ‘not guilty’ or ‘guilty’.
- Prosecution Case:Â The prosecution opens its case and calls witnesses to give evidence.
- Cross-Examination:Â Defence lawyers cross-examine prosecution witnesses to challenge their evidence.
- Defence Evidence:Â The defence may present evidence and call witnesses to support your case.
- Submissions:Â Both sides make legal submissions summarising their arguments.
- Verdict: The court decides on a verdict of ‘guilty’ or ‘not guilty’ based on the evidence and submissions.
Having an experienced and respected team of domestic violence lawyers is crucial. Our award-winning lawyers have decades of experience successfully defending clients in court.
How do you prove a domestic violence case?
To prove a domestic violence charge, the prosecution must establish each element of the offence beyond reasonable doubt:
- Domestic Relationship:Â Proof that a domestic relationship existed between the accused and the complainant.
- Offence Committed:Â Evidence that the accused committed the specific domestic violence offence.
- Intent or Recklessness:Â Depending on the charge, proof of intent, recklessness, or knowledge of the conduct causing fear or harm.
If the prosecution fails to prove any element beyond reasonable doubt, the court must return a verdict of ‘not guilty’.
Our domestic violence lawyers and instructed barristers regularly appear in court, scrutinising the prosecution’s case and mounting strong defences. We provide a full case appraisal to explain the strengths and weaknesses of your case
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A WINNING RECORD
With a 99% success rate, we have a proven history of winning domestic violence cases. We focus on having charges dropped, securing 'not guilty' verdicts, and protecting our clients from criminal convictions.
EXPERT DOMESTIC VIOLENCE LAWYERS
Our senior lawyers bring over 40 years of combined experience exclusively in criminal law. Their deep understanding of NSW domestic violence law and courtroom strategy gives you a significant advantage.
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FAQs
What is considered a domestic violence offence in NSW?
A domestic violence offence is any personal violence crime committed against someone with whom you have a ‘domestic relationship’. This is defined very broadly under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and includes not just partners or spouses, but also family members and people who live in the same household. The offence can range from physical assault to stalking, intimidation, or property damage.
What is an Apprehended Domestic Violence Order (ADVO)?
An Apprehended Domestic Violence Order, or ADVO, is a court order made to protect a person from another person within a domestic relationship. It sets out specific conditions that the person named in the order must follow, such as not assaulting, threatening, stalking, or intimidating the protected person. It is a civil order, not a criminal charge.
Will an ADVO give me a criminal record?
An ADVO itself is not a criminal conviction and will not appear on your criminal record. However, if you breach any of the conditions listed in the AVO, you will face a separate criminal charge for contravening the order. A conviction for breaching an AVO will result in a criminal record and can carry serious penalties, including imprisonment.
What are the penalties for breaching an AVO?
Breaching an Apprehended Violence Order is a serious criminal offence in NSW. If you are found guilty, the maximum penalty is two years imprisonment and/or a $5,500 fine. The court takes any breach very seriously, making it vital to have expert legal representation from a criminal lawyer to defend the charge.
I’ve been charged with domestic violence, what is the first thing I should do?
The most critical first step is to seek urgent legal advice from an experienced domestic violence lawyer. Do not speak to police without legal representation. An expert criminal lawyer can explain your rights, the charges against you, and the court process. Daoud Legal: Sydney Criminal Defence & Traffic Lawyers offers a free initial strategy session to provide immediate guidance.
Can a domestic violence charge be dropped?
Yes, it is possible to have a domestic violence charge withdrawn by the police before it goes to a final hearing. This is a key focus of our defence strategy at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers. Our lawyers meticulously analyse the police evidence for weaknesses and negotiate with the prosecution to have the charges dropped early, saving you the stress and cost of a trial.
What happens when you are charged with domestic violence?
After being charged, police will decide whether to grant you bail or hold you in custody until you can appear in court. You will then have to attend court and enter a plea of ‘guilty’ or ‘not guilty’. This process is complex and can be daunting, which is why having an experienced criminal lawyer to represent you from the very beginning is essential.
What are the common defences to a domestic violence charge?
There are several legal defences that may apply to a domestic violence charge. These can include self-defence (acting to protect yourself, another person, or your property), duress (being forced to commit the act), or necessity. In some cases, the allegation may be entirely false. An experienced domestic violence lawyer can assess the evidence in your case and advise on the strongest available defence.
How will a domestic violence charge affect my family law case?
A domestic violence charge or AVO can have a severe impact on family law proceedings, particularly those involving children. Under the Family Law Act 1975 (Cth), the court’s primary concern is the safety of children, and any history of family violence must be considered when making parenting orders. This can affect your ability to spend unsupervised time with your children.
Do I have to go to jail for a domestic violence offence?
While imprisonment is a possible penalty for serious domestic violence offences, it is not automatic and is typically reserved for the most severe cases. A specialist domestic violence lawyer can prepare a strong case for sentencing to persuade the court to consider alternatives, such as a fine, a Community Correction Order, or a non-conviction order like a Section 10 dismissal.
What happens at a domestic violence hearing?
At a hearing, the prosecution presents its evidence and calls witnesses to prove the charge beyond a reasonable doubt. Your defence lawyer will cross-examine these witnesses to challenge their evidence. The defence can then present its own evidence. After hearing legal submissions from both sides, the magistrate or judge will deliver a verdict of ‘guilty’ or ‘not guilty’.
My partner wants to withdraw their statement. Will the police drop the charges?
Even if the complainant wishes to withdraw their statement, the police can still proceed with the domestic violence charge. The police will often pursue the matter if they believe they have other sufficient evidence to secure a conviction. It is a common misconception that the complainant can simply have the charges dropped.
What is a Section 10 dismissal?
A Section 10 dismissal is a type of sentence where the court finds you guilty of an offence but dismisses the charge without recording a criminal conviction. Achieving this outcome for a domestic violence offence requires persuasive legal arguments about your character, the circumstances of the offence, and why a conviction is not necessary.
How will a domestic violence conviction affect my employment?
A conviction for a domestic violence offence will result in a criminal record, which can have serious consequences for your employment. It may appear on a national police check, potentially affecting your current job or future career prospects, especially if your role requires a Working with Children Check or a firearms licence.
What does the prosecution have to prove in a domestic violence case?
The prosecution has the burden of proving every element of the specific domestic violence offence beyond a reasonable doubt. This includes proving that a domestic relationship existed and that you committed the alleged act with the required intent. If the prosecution cannot meet this high standard of proof, the court must find you not guilty.
Can I get bail if I am charged with a domestic violence offence?
Securing bail can be challenging for a domestic violence offence, as the court and police are often cautious. An experienced criminal lawyer is essential to prepare and present a strong bail application. The lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can provide urgent representation in the Local, District, and Supreme Courts to fight for your release from custody.
What is the difference between common assault and assault occasioning actual bodily harm?
Common assault involves an act of physical contact or a threat of violence without the consent of the other person. Assault occasioning actual bodily harm (ABH) is more serious and involves an assault that causes an injury that is more than just momentary pain, such as significant bruising, scratches, or cuts.
Does domestic violence only include physical abuse?
No. Domestic violence law in NSW covers a wide range of behaviours beyond physical harm. This includes psychological and emotional abuse, financial abuse, stalking, intimidation, and damaging property. Any behaviour intended to coerce, control, or cause fear within a domestic relationship can lead to a criminal charge.
Why should I choose a specialist domestic violence lawyer?
Domestic violence law is a complex and specialised area of criminal law. A specialist lawyer understands the specific legislation, court processes, and effective defence strategies. The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers focuses exclusively on criminal and traffic law, bringing over 40 years of combined experience to achieve the best possible results in these sensitive matters.
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