Domestic violence offences form a large part of criminal law in New South Wales. Domestic and personal violence sadly remains common across Australia and Aboriginal communities. The physical and psychological scars can last for years, so early, practical advice matters.
Domestic violence and family violence are leading causes of harm worldwide. If you have concerns about offences arising from domestic, family or personal violence, contact Jameson Law today for clear guidance. A domestic violence offence is serious. Getting advice early can change the outcome. You can also reach our team on (02) 8806 0866 or via our contact page.
What Is Domestic Violence?
Domestic violence (family violence) is abuse between intimate partners or those in a domestic relationship, and can extend to immediate family members such as children or grandparents. It is not limited to physical harm. It can include emotional, psychological, verbal and sexual abuse.
Domestic violence matters often intersect with other criminal charges (for example assault), and may also involve Apprehended Violence Orders (AVOs). NSW law is primarily set out in the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Anyone charged or convicted may later face issues with checks for working with children or vulnerable people, and employment restrictions. Every step needs careful thought. Speak with our Sydney criminal lawyers for advice that fits your situation.
Speak to a lawyer today
Using or carrying certain items in public without a reasonable excuse can also lead to charges. If you have been charged with any related offence, contact us for a free initial consultation.
Apprehended Violence Orders
An AVO protects a person from violence, intimidation or stalking. It can be put in place by police or ordered by the court and commonly runs for 12 months (longer in some cases). Orders can be made even where there are no criminal charges. Learn how AVOs work in NSW on the Local Court website and our Sydney guide to AVO lawyers. If you need help applying, see Applying for an AVO and Legal Aid NSW.
Breaching an AVO is a separate offence that carries heavy penalties. Read more about breach of AVO consequences and the offence under NSW law.
Domestic Relationships
A domestic relationship includes intimate partners and, in some cases, immediate family. Domestic violence can be physical, emotional, psychological, financial or sexual. Because of the ongoing connection between the parties, the criminal justice response can be complex. For a plain-English overview of process and rights, see our guide to criminal law in NSW and how the criminal law process works.
Restraint Orders
Restraining orders offer additional protection. Unlike ADVOs (domestic AVOs), restraining orders may apply where there is no domestic relationship. Applications are made to the court and must show past incidents and a real fear of harm if no order is made. Practical, step-by-step AVO application information is available from NSW Communities & Justice and NSW Government Easy Read. You can also speak with our team about neighbour disputes and AVOs.
What Are Domestic Violence Penalties?
Penalties vary with the charge and facts, and range from good behaviour bonds to imprisonment. Many cases involve bail and strict conditions. If you are on bail or considering an application, see our guides on the bail framework, the bail application process and whether you will get bail in NSW. If you are accused, review common domestic violence defences and when to raise them.
Is a Violence Order an Indication of Criminal Offending?
The threshold for an AVO can be relatively low, and orders may be made even where the evidence is not enough to lay charges. The aim is protection. However, breaching an AVO is a criminal offence. If you have been served with an order or charged, get tailored advice from our Sydney criminal defence team about next steps, including appeals where appropriate.
Help and support
If you or someone you know is in immediate danger, call 000 now. For confidential support, contact 1800RESPECT. For police and safety information, visit NSW Police. You can reach Jameson Law on (02) 8806 0866 or book via our contact page. We appear regularly at Central Local Court, Parramatta Local Court and courts across Sydney.
