02 9159 9010
Served with an AVO or Charged with Domestic Violence?
Being charged with a domestic violence offence is one of the most stressful experiences a person can face. The consequences can be far-reaching — affecting your freedom, your employment, your reputation, and your family relationships, including family law and child custody proceedings.
NSW courts treat domestic violence charges extremely seriously. Even relatively minor offences can carry severe penalties when they occur within a domestic relationship, and a conviction will be permanently recorded as a domestic violence offence on your criminal record.
At Blackridge Law, we are specialist criminal defence lawyers with extensive experience defending clients against all types of domestic violence charges across Sydney and NSW. We understand how overwhelming these situations can be, and we are committed to providing clear advice, strong representation, and achieving the best possible outcome in every case.
If you have been charged with a domestic violence offence, contact our team immediately on 02 9159 9010 for a free, confidential consultation.
What Is a Domestic Violence Offence in NSW?
There is no single offence called “domestic violence” under NSW law. Instead, domestic violence refers to any criminal offence committed by a person against someone with whom they share, or have shared, a domestic relationship. This is defined under section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
This means that common criminal offences — such as assault, property damage, stalking, or intimidation — are treated as domestic violence offences when they occur between people in a domestic relationship. Once this classification applies, the matter is subject to a specific legal framework with additional consequences, including the offence being recorded on your criminal record as a domestic violence offence under section 12 of the Act.
What Is a Domestic Relationship?
A domestic relationship is broadly defined under section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). You have a domestic relationship with another person if you:
- Are or were married to the other person
- Are or were in a de facto relationship with the other person
- Have or have had an intimate personal relationship with the other person, whether or not the relationship was sexual in nature
- Are living or have lived in the same household as the other person
- Are living or have lived as a long-term resident in the same residential facility at the same time as the other person
- Have or have had a relationship involving dependence on the ongoing paid or unpaid care of the other person
- Are or have been a relative of the other person (broadly defined to include parents, grandparents, siblings, in-laws, cousins, aunts, uncles, and, for Aboriginal and Torres Strait Islander persons, extended family or kin under Indigenous kinship systems)
Importantly, under section 5(2), two people can also be taken to have a domestic relationship if they have both had a domestic relationship (such as a marriage, de facto, or intimate relationship) with the same person — even if they have never met each other.
Types of Domestic Violence Offences and Maximum Penalties
A wide range of criminal offences can be classified as domestic violence offences when committed within a domestic relationship. The table below sets out common DV offences and their maximum penalties under NSW law.
| Offence | Legislation | Maximum Penalty |
|---|---|---|
| Common Assault (DV) | s 61, Crimes Act 1900 | 2 years imprisonment |
| Assault Occasioning Actual Bodily Harm (DV) | s 59, Crimes Act 1900 | 5 years imprisonment (2 years in Local Court) |
| Stalking or Intimidation with Intent to Cause Fear (DV) | s 13, Crimes (DPV) Act 2007 | 5 years imprisonment or $5,500 fine, or both |
| Reckless Wounding (DV) | s 35, Crimes Act 1900 | 7 years (up to 14 years if in company) |
| Reckless Grievous Bodily Harm (DV) | s 35, Crimes Act 1900 | 10 years imprisonment (14 years if in company) |
| Destroy or Damage Property (DV) | s 195, Crimes Act 1900 | 5 years (varies by value in Local Court) |
| Coercive Control (Abusive Behaviour Towards Intimate Partner) | s 54D, Crimes Act 1900 | 7 years imprisonment |
| Contravene AVO | s 14(1), Crimes (DPV) Act 2007 | 2 years imprisonment and/or $5,500 fine |
| Contravene ADVO with Intent to Cause Harm or Fear | s 14(1A), Crimes (DPV) Act 2007 | 3 years imprisonment and/or $11,000 fine |
| Persistent Breach of AVO (3+ times in 28 days) | s 14(1C), Crimes (DPV) Act 2007 | 5 years imprisonment and/or $16,500 fine |
Note: Penalties in the Local Court are generally capped at 2 years’ imprisonment for a single offence or 5 years for multiple offences. For property damage, penalties in the Local Court vary depending on the value of the property: if the value exceeds $5,000, the maximum is 2 years’ imprisonment and/or a fine of up to $11,000; if under $5,000, a maximum of 12 months and/or $5,500; and if under $2,000, a maximum fine of $2,200.
Coercive Control: A New Offence in NSW
Since 1 July 2024, coercive control has been a standalone criminal offence in NSW under section 54D of the Crimes Act 1900. This is the first offence of its kind in any Australian jurisdiction.
Coercive control criminalises a repeated pattern of abusive behaviour directed at a current or former intimate partner with the intention of coercing or controlling them. The offence does not require physical violence — it can include psychological manipulation, financial control, isolation, monitoring, threats, and intimidation.
To be found guilty of coercive control, the prosecution must prove four elements beyond reasonable doubt:
- The accused engaged in a course of conduct of abusive behaviour
- The behaviour was directed at a current or former intimate partner
- The accused intended the course of conduct to coerce or control the other person
- A reasonable person would consider the conduct likely to cause fear of violence or a serious adverse impact on the person’s capacity to engage in ordinary day-to-day activities
A defence is available under section 54E if the accused can demonstrate that the course of conduct was reasonable in all the circumstances.
The maximum penalty for coercive control is 7 years’ imprisonment.
Possible Sentencing Outcomes for Domestic Violence Offences
If you are found guilty of a domestic violence offence, the court may impose one of the following penalties, depending on your criminal history, the specific circumstances of the case, and the seriousness of the offence:
- Section 10(1)(a) Dismissal: The offence is proven, but no conviction is recorded. This is the best possible outcome and means the offence will not appear on your criminal record as a conviction.
- Conditional Release Order (CRO): A court order requiring compliance with certain conditions for a specified period, imposed either with or without a conviction being recorded.
- Fine: A financial penalty determined by the court based on the seriousness of the offence.
- Community Corrections Order (CCO): A supervised order that may include conditions such as community service work, curfews, or participation in treatment programs.
- Intensive Corrections Order (ICO): A custodial sentence of up to 2 years served in the community under strict supervision and conditions, including electronic monitoring.
- Full-Time Imprisonment: The most serious penalty, reserved for the most severe domestic violence offences or cases involving repeat offending.
It is important to note that under section 14(4) of the Crimes (Domestic and Personal Violence) Act 2007, if a person is convicted of contravening an AVO and the breach involved an act of violence, the court must impose a term of imprisonment unless it provides reasons for not doing so.
Defences to Domestic Violence Charges
Every case is different, and the available defences will depend on the specific facts and circumstances. Common defences to domestic violence charges include:
- Self-Defence: The accused acted to protect themselves or another person from harm. Under NSW law, the use of force must have been a reasonable response in the circumstances as the accused perceived them.
- False Allegation: The allegation against the accused is untrue. Domestic violence accusations can sometimes arise from relationship disputes, custody battles, or other personal conflicts.
- Lack of Intent: For certain offences, the prosecution must prove the accused acted with a specific intention (for example, stalking or intimidation requires proof of an intention to cause fear of physical or mental harm).
- Insufficient Evidence: The prosecution is unable to prove the elements of the offence beyond a reasonable doubt.
- Duress: The accused was forced or coerced into committing the offence by threats of serious harm.
- Consent (Property Damage): In limited circumstances, the consent of the property owner may be a defence to a charge of malicious damage.
- Procedural Errors: Mistakes made by police during the investigation, such as failure to properly caution the accused or irregularities in the evidence-gathering process, may provide grounds for having evidence excluded or charges dismissed.
The Court Process for Domestic Violence Charges
If you are charged with a domestic violence offence, you will typically be required to appear before the Local Court. The process generally involves the following stages:
- Arrest and Bail: If you are arrested, police will either grant you bail with conditions (such as not contacting the alleged victim) or refuse bail, requiring you to make an urgent bail application in court. In serious domestic violence matters, bail may be a “show cause” offence, meaning you must demonstrate why your detention is not justified.
- Provisional AVO: In most domestic violence matters, police will issue a provisional Apprehended Domestic Violence Order (ADVO) at the time of arrest. This order takes effect immediately and imposes conditions you must comply with.
- First Court Appearance: You will receive a Court Attendance Notice (CAN) requiring you to appear on a specific date. At this stage, your lawyer can request an adjournment, negotiate with the prosecution, or enter a plea.
- Case Conferencing and Negotiation: In many cases, there is an opportunity to negotiate with the prosecution to have charges reduced, downgraded, or withdrawn entirely.
- Hearing or Trial: If the matter cannot be resolved, it will proceed to a defended hearing (in the Local Court) or a trial (in the District or Supreme Court). The prosecution must prove every element of the offence beyond a reasonable doubt.
- Sentencing: If you are found guilty or plead guilty, the court will impose a penalty. Your lawyer can make submissions on sentencing, present character references, and argue for the most lenient outcome available.
An Apprehended Violence Order (AVO) is a court order designed to protect a person — known as the Person in Need of Protection (PINOP) — from conduct such as violence, harassment, intimidation, stalking, or damage to property by another person (the defendant).
AVOs are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It is important to understand that AVO proceedings are civil, not criminal. An AVO itself will not appear on your criminal record. However, breaching an AVO is a criminal offence that carries significant penalties.
Types of AVOs
There are two types of AVOs in NSW:
- Apprehended Domestic Violence Order (ADVO): Protects a person who has a domestic relationship with the defendant (such as a current or former partner, family member, or household member).
- Apprehended Personal Violence Order (APVO): Protects a person who does not have a domestic relationship with the defendant (such as a neighbour, colleague, or acquaintance).
In most domestic violence cases, police will apply for an ADVO on behalf of the protected person. Police are required to make an application if they suspect or believe that a domestic violence offence has been, is being, or is likely to be committed.
Standard and Additional AVO Conditions
All AVOs include mandatory conditions that prohibit the defendant from:
- Assaulting, threatening, harassing, or interfering with the protected person
- Stalking or intimidating the protected person
- Intentionally or recklessly destroying or damaging the protected person’s property
Depending on the circumstances, the court may also impose additional conditions, such as:
- Preventing the defendant from approaching or being within a specified distance of the protected person’s home, workplace, or place of study, even if it is a shared residence
- Prohibiting any form of contact or communication with the protected person, whether directly or through a third party
- Restricting contact with the protected person for a specified period after the consumption of alcohol or illicit drugs (for example, 12 hours)
How an AVO Is Made
Under section 16 of the Act, a court may make an ADVO if it is satisfied, on the balance of probabilities, that the protected person has reasonable grounds to fear, and in fact fears, that the defendant may:
- Commit a domestic violence offence against them
- Engage in conduct that intimidates or stalks them
The balance of probabilities is a lower standard of proof than the criminal standard of “beyond reasonable doubt.” It requires the court to be satisfied that it is more likely than not (greater than 50%) that the relevant conduct occurred or may occur.
It is also important to note that under section 16(2), the court does not need to be satisfied that the protected person actually fears the commission of an offence or the relevant conduct if the protected person is a child under 16, has a cognitive impairment, or if the court considers there are good reasons to make the order despite the absence of actual fear.
Your Options When Served with an AVO
If you are served with an AVO application, you generally have three options:
- Consent to the AVO (without admissions): You agree to the order being made without admitting to any of the allegations. The AVO becomes a final order. This does not result in a criminal record, but you must comply with all conditions.
- Oppose the AVO: You contest the application. The matter will be adjourned and the court will set a timetable for both parties to file and serve their evidence (including written statements, text messages, photographs, and other relevant material). The matter will then proceed to a hearing where the court decides whether to make the order.
- File a cross-application: You apply for your own AVO against the other party. This may be appropriate where both parties have engaged in conduct giving rise to safety concerns.
Penalties for Contravening (Breaching) an AVO
Breaching any condition of an AVO is a criminal offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007. The Act was amended in 2024 to introduce two additional, more serious breach offences. The current framework is as follows:
| Offence | Section | Max Fine | Max Imprisonment |
|---|---|---|---|
| Contravene AVO (standard) | s 14(1) | $5,500 | 2 years |
| Contravene ADVO with intent to cause harm or fear | s 14(1A) | $11,000 | 3 years |
| Persistent breach (3+ times in 28 days) | s 14(1C) | $16,500 | 5 years |
Under section 14(4), if a person is convicted of breaching an AVO and the breach involved an act of violence against a person, the court must sentence the person to a term of imprisonment unless it provides written reasons for not doing so.
At Blackridge Law, we provide experienced and strategic defence for all domestic violence charges and AVO matters. Our approach includes:
- Case Assessment and Advice: We thoroughly review the evidence against you, explain the charges and potential penalties in plain terms, and advise you on your best course of action.
- Defence Preparation: We identify all available defences, gather supporting evidence, and prepare a strong defence strategy tailored to your case.
- Negotiation with Prosecution: Where appropriate, we negotiate with police and the prosecution to have charges reduced, downgraded, or withdrawn entirely.
- Court Representation: We represent you at all stages of court proceedings, including bail applications, mention dates, defended hearings, trials, and sentencing.
- AVO Matters: Whether you are opposing an AVO, seeking to vary its conditions, or defending a breach charge, we provide clear advice and strong advocacy to protect your interests.
- Minimising Penalties: We work to achieve the best possible outcome, including seeking Section 10 dismissals, conditional release orders, and other non-conviction outcomes wherever possible.
We understand that being charged with a domestic violence offence can affect every part of your life. Our team is available 24/7 for urgent matters, and we offer fixed-fee options so you know your costs upfront.
Frequently Asked Questions
Will a domestic violence charge appear on my criminal record?
If you are convicted, the offence will be recorded on your criminal record and specifically noted as a domestic violence offence under section 12 of the Act. However, if you receive a Section 10 dismissal, no conviction is recorded. This is why expert legal representation is essential to achieve the best possible outcome.
Can I contact the alleged victim while the case is ongoing?
This depends on the conditions of your bail and any AVO in place. Many bail conditions and AVOs prohibit any form of contact with the protected person. Breaching these conditions — even with the other person’s consent — is a criminal offence. Always seek legal advice before making any contact.
What is the difference between an AVO and a criminal charge?
An AVO is a civil order designed to protect a person from future harm. It does not result in a criminal record. A criminal charge, on the other hand, is an allegation that you have committed a criminal offence. You can be subject to both an AVO and criminal charges at the same time — they are separate proceedings.
Can an AVO affect my family law case?
Yes. An AVO and domestic violence charges can significantly affect family law proceedings, including parenting orders and property matters. The Family Court may take into account any history of domestic violence when determining what is in the best interests of a child. It is important to have a lawyer who understands the intersection of criminal and family law.
What happens if the alleged victim wants to drop the charges?
In NSW, domestic violence charges are prosecuted by the police and the Director of Public Prosecutions (DPP), not by the alleged victim. Even if the alleged victim no longer wishes to proceed, the prosecution may continue if they determine there is sufficient evidence and it is in the public interest to do so. However, the alleged victim’s position is a factor the prosecution may consider.
What is a ‘show cause’ offence?
Serious domestic violence offences are classified as “show cause” offences under the Bail Act 2013 (NSW). This means that when applying for bail, you must demonstrate why your continued detention is not justified. The court will not grant bail unless you can show cause. This makes early legal representation critical in serious DV matters.
Speak with a lawyer
Charged with a domestic violence offence? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
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