Domestic Violence Offences
What Are
Domestic Violence Offences?
Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a domestic violence offence is any offence (usually a personal violence offence) committed by someone against another person with whom they share a domestic relationship.
This includes offences such as:
Common Assault (s61 Crimes Act 1900)
Non-injury or minor injury assault (e.g. pushing, slapping, threats)
Assault Occasioning Actual Bodily Harm (AOABH) – s59
Causing more than trivial injuries (e.g. bruising, cuts)
Reckless Grievous Bodily Harm or Wounding – s35
Causing serious injury through reckless behaviour
Stalking or Intimidation – s13 Crimes (Domestic and Personal Violence) Act 2007
Includes harassment, following, threats or controlling behaviour
Destroying or Damaging Property – s195 Crimes Act 1900
E.g. breaking phones, smashing items during an argument
Choking, Suffocating or Strangling Without Consent – s37(1A)
A stand-alone domestic violence offence introduced to address high-risk behaviours
Breach of ADVO – s14 Crimes (Domestic and Personal Violence) Act 2007
Breaching any condition of a court-issued protection order
A domestic relationship includes:
Spouses or former spouses
De facto partners or ex-partners
Family members (parents, siblings, children)
Carers or guardians
People living in the same household
Anyone in an intimate personal relationship, whether current or past
Domestic violence offences in NSW cover a wide range of behaviours that occur in the context of close personal relationships. These offences are not limited to physical violence—they can include emotional, psychological, sexual, and financial abuse. Courts treat domestic violence seriously, with specialised court lists, police procedures, and Apprehended Domestic Violence Orders (ADVOs) in place to protect victims and prevent reoffending.
The Penalties for
Domestic Violence Offences
The penalties for domestic violence offences are serious and can include imprisonment, fines, criminal convictions, and Apprehended Domestic Violence Orders (ADVOs). The severity of the penalty depends on the type of offence, the harm caused, and whether there are aggravating circumstances (such as prior offences or the presence of children). The penalties for common domestic violence offences include:
Common Assault (s61 Crimes Act 1900)
Maximum Penalty:
2 years of imprisonment
Assault Occasioning Actual Bodily Harm (AOABH) – s59
Maximum Penalty:
5 years of imprisonment
7 years if committed in company
Reckless Grievous Bodily Harm or Wounding – s35
Maximum Penalty:
10 to 14 years of imprisonment
Stalking or Intimidation – s13 Crimes (Domestic and Personal Violence) Act 2007
Maximum Penalty:
5 years of imprisonment and/or
50 penalty units
Destroying or Damaging Property – s195 Crimes Act 1900
Maximum Penalty:
5 years imprisonment
Choking, Suffocating or Strangling Without Consent – s37(1A)
Maximum Penalty:
5 years imprisonment
Breach of ADVO – s14 Crimes (Domestic and Personal Violence) Act 2007
Maximum Penalty:
2 years imprisonment and/or
50 penalty units
The Possible
Defence Strategies
Defending a domestic violence offence requires a careful legal strategy tailored to the specific charge and circumstances. While domestic violence is treated very seriously by the courts, several defence strategies may be available depending on the evidence, the nature of the allegations, and the relationship between the parties. The possible defence strategies include:
Self-Defence
One of the most common defences, especially in situations involving mutual conflict. To succeed, the accused must show:
They genuinely believed their actions were necessary to protect themselves (or another person), and
Their response was reasonable in the circumstances.
This defence may apply even if the accused caused injury, provided it was done to prevent harm.
False Allegation or Fabrication
Domestic violence charges often arise in emotionally charged situations, such as family breakdowns or custody disputes. The defence may argue:
The allegations are exaggerated, motivated by revenge, or
Completely false and not supported by credible evidence.
An experienced defence team will test the complainant’s credibility, consistency of statements, and motive for making the complaint.
Lack of Intent or Accident
For offences like assault or intimidation, the prosecution must prove the act was intentional or reckless. The defence may argue that:
The conduct was accidental (e.g. injury occurred unintentionally), or
There was no intent to cause fear, injury, or damage.
No Domestic Relationship
To qualify as a domestic violence offence under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), there must be a domestic relationship between the accused and complainant. If this is not established, the offence may not fall under domestic violence laws.
Identity or Alibi Defence
If the accused denies involvement, they may argue mistaken identity or provide an alibi to show they were not present when the alleged offence occurred.
Mental Health Defence
Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.
May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.
Every domestic violence case is unique, and a defence strategy that succeeds in one matter may not necessarily apply in another. A successful defence often depends on a thorough examination of the available evidence, including witness statements, CCTV footage, text messages, call logs, and police body-worn camera recordings. Securing early legal advice is critical—not only to preserve key evidence but also to avoid making statements that could lead to self-incrimination. An experienced criminal defence lawyer plays a vital role in reviewing the prosecution’s case, identifying its weaknesses, and ensuring that the rights of the accused are fully protected throughout the legal process.