Domestic Violence Offence Charges
Clear advice on how domestic violence matters are policed, prosecuted and sentenced in NSW.
"Domestic violence offence" is a legal classification rather than a separate crime in its own right. The Crimes (Domestic and Personal Violence) Act 2007 (NSW) defines it as a personal violence offence — such as common assault, assault occasioning actual bodily harm, stalking or intimidation, or damage to property — committed by a person against someone with whom they have or have had a domestic relationship. This includes a current or former intimate partner, a relative, a person they live or have lived with, or a person in a dependent care relationship. Once a matter is flagged as domestic violence related, it is treated differently at almost every stage of the criminal process.
Police operate under a strong pro-charge, pro-arrest approach to domestic violence, and are generally required to apply for a provisional or interim apprehended domestic violence order (ADVO) whenever a domestic violence offence is alleged, even where the underlying criminal charge is ultimately withdrawn or not pursued. Bail is also assessed more cautiously in this context — certain repeat or serious domestic violence matters attract a presumption against release, and courts routinely impose strict interim conditions such as non-contact and exclusion from a shared home while proceedings continue.
Domestic violence matters have their own procedural features. A complainant’s initial recorded statement to police can be used as their evidence-in-chief at a later hearing or trial, avoiding the need to give the same account twice. Many Local Courts run specialist domestic violence lists, and the law requires courts to treat domestic violence as an aggravating factor at sentencing. Because these matters often involve complex relationship history, cross-allegations, and a related AVO application running in parallel, coordinated advice across both the criminal charge and any civil order is essential.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Domestic violence related offence (e.g. common assault, ABH, stalking or intimidation, property damage) | Set by the underlying offence charged | The domestic violence flag does not create a separate maximum penalty — it applies to whichever offence is charged (for example, 2 years for common assault or 5 years for actual bodily harm) — but is treated as a statutory aggravating factor at sentencing. |
| Breach of an ADVO arising from the same conduct (s14 Crimes (Domestic and Personal Violence) Act 2007) | 2 years imprisonment and/or a fine of 50 penalty units | Commonly charged as a separate offence alongside the underlying conduct where an apprehended domestic violence order was already in force at the time. |
| Repeat or serious domestic violence offending | Sentence increased within the applicable maximum; presumption against bail may apply | Courts treat a pattern of domestic violence offending, or offending against the same person, as a significant aggravating factor, and certain repeat offences can trigger a presumption against bail under the Bail Act 2013. |
Possible Defences
Ways this charge can be challenged
Self-defence
Domestic violence charges frequently arise from mutual altercations between people in an ongoing relationship, making it especially important to establish who was the initial aggressor and whether the accused’s response was a reasonable one to a threat they genuinely believed they faced.
Absence of the required domestic relationship
Whether the parties actually fall within the statutory definition of a domestic relationship affects whether a matter is properly classified — and treated — as domestic violence related at all. Disputing this classification can be relevant to bail, evidentiary procedures, and how the matter is ultimately dealt with.
Contested credibility and motive
Where an allegation arises in the context of a deteriorating relationship, separation, or a parenting or property dispute, inconsistencies in the complainant’s account, or evidence suggesting a motive to exaggerate or fabricate, can be significant in testing the prosecution case.
Defence specific to the underlying offence
Because a domestic violence charge is always based on an underlying offence such as assault, stalking or property damage, any defence available to that specific offence — such as consent, lack of intent, or claim of right — applies equally in a domestic violence context.
What Happens Next
The Local Court process
- 01
Police attend or receive a report and, where a domestic violence offence is alleged, will generally charge the person involved and apply for a provisional apprehended domestic violence order to protect the person in need of protection while the matter is dealt with.
- 02
At the first mention in the Local Court, a plea of guilty or not guilty is entered, and any related ADVO application is typically listed to be dealt with alongside the criminal charge.
- 03
If a not guilty plea is entered, the prosecution serves its brief of evidence, which often includes the complainant’s initial recorded statement to police, any body-worn video, and medical evidence, before the matter is listed for a defended hearing.
- 04
At a defended hearing, the prosecution must prove the underlying offence beyond reasonable doubt, and the defence can raise any relevant defence to that offence, as well as challenge whether the matter is properly classified as domestic violence related.
- 05
If a guilty plea is entered, or the charge is proven at hearing, the matter proceeds to sentencing, where the court is required to treat the domestic violence context as an aggravating factor, alongside the accused’s record and personal circumstances.
- 06
Where a related ADVO application exists, it is usually finalised around the same time, applying the civil standard of proof, which is separate from and lower than the criminal standard applying to the offence itself.
Frequently Asked Questions
Common questions
It depends on the relationship between the accused and the complainant, not the nature of the offence itself. Any personal violence offence — such as assault, stalking or property damage — committed against a current or former partner, relative, housemate, or person in a dependent care relationship will generally be flagged as domestic violence related.
Police apply a strong pro-charge, pro-arrest approach to domestic violence matters, meaning charges are laid more readily than in many other types of disputes, even where the complainant does not wish to proceed. The decision ultimately rests with police and prosecuting authorities, not the complainant alone.
It depends on the offence and your history. Repeat or serious domestic violence offending can trigger a presumption against bail under the Bail Act 2013, and courts generally impose strict interim conditions, such as non-contact and exclusion from a shared home, even where bail is granted.
In domestic violence matters, a complainant’s initial recorded statement to police can be admitted as their evidence-in-chief at a later hearing or trial, meaning they do not need to repeat their entire account from the witness box. They can still be cross-examined on that statement by the defence.
Courts are required by law to treat domestic violence as an aggravating factor at sentencing, which generally results in a more severe outcome than the same conduct occurring outside a domestic relationship, though the final sentence still depends on the full circumstances of the offending and the accused’s personal circumstances.
Yes. An AVO is decided on the civil standard of the balance of probabilities, while the criminal charge must be proven beyond reasonable doubt, meaning it is possible for an AVO to be made even where a criminal charge is withdrawn, or for a person to be acquitted of a charge while an AVO remains in place.
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