Domestic Violence Charges NSW: What happens next after an assault charge?

Domestic Violence Charges NSW: Key Things to Know

• A domestic violence assault charge and an ADVO are separate legal matters.
• The two matters are often dealt with together in the NSW Local Court.
• An alleged victim cannot simply cancel a police prosecution.
• You should carefully check both your bail conditions and ADVO before contacting anyone or returning home.
• Common assault does not necessarily require physical injury.
• Self-defence may be relevant depending on the circumstances.
• Police may rely on evidence beyond the complainant’s statement.
• You should understand the allegations and evidence before deciding how to plead.

If you have been charged with a criminal offence, you can learn more about criminal law representation throughout New South Wales.

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What Are Domestic Violence Charges in NSW?

Domestic violence charges NSW generally involve a criminal offence alleged to have occurred between people who have, or previously had, a domestic relationship.

This can include current or former partners, spouses, family members, people who live together or have previously lived together, and some other relationships recognised under NSW law.

The criminal offence may include allegations such as:

• Common assault
• Assault occasioning actual bodily harm
• Intimidation
• Stalking
• Property damage
• Reckless wounding
• Contravening an ADVO

You may therefore see wording on police documents such as common assault, domestic violence related.

Domestic violence matters are treated seriously and can involve both criminal proceedings and protective orders.

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What Happens After Police Lay Domestic Violence Charges NSW?

What happens after police attend an alleged domestic violence incident depends on the circumstances.

Police may speak with the people involved, neighbours or other witnesses. They may take photographs, obtain recorded statements, review video or gather other evidence.

Police may then:

• Arrest you
• Issue you with a Court Attendance Notice
• Release you without bail
• Release you subject to bail conditions
• Refuse bail and take you before the Local Court
• Apply for an ADVO

If you are given bail conditions, read them carefully.

Your conditions may affect where you can live, where you can go and who you can contact.

An ADVO may contain additional conditions. You need to understand and comply with both.

For information about court representation, visit Duncan Criminal Law’s legal services page.

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Why Have Police Applied for an ADVO as Well?

It is common for someone facing domestic violence charges NSW to also be served with an ADVO.

The criminal charge and ADVO are different legal matters. The criminal proceeding deals with the allegation that an offence has been committed.

The ADVO is a protective order designed to restrict certain behaviour and, where additional conditions are imposed, may limit contact or access to particular locations.

This means you may be dealing with:

1. A criminal charge
2. An ADVO application

The two matters are often listed together before a Judge in the Local Court.

An ADVO itself is not a criminal conviction. However, breaching an ADVO can result in a separate criminal charge.

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Can the Alleged Victim Drop Domestic Violence Charges in NSW?

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Can I Contact My Partner After Domestic Violence Charges?

Possibly, but you should never assume contact is allowed.

Check your ADVO and bail conditions first.

Some conditions may prevent you from:

• Calling or texting the protected person
• Contacting them on social media
• Approaching them
• Asking another person to contact them on your behalf
• Going to their home or workplace
• Being near them after consuming alcohol or drugs

Even if the protected person contacts you first, you should not assume that responding is permitted.

The conditions apply until they are changed or end.

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Can I Go Back Home After Being Charged?

Whether you can return home depends on your bail and ADVO conditions.

An order may prevent you from approaching or living at a particular address.

If such a condition applies, you cannot simply return because:

• You own the house
• Your name is on the lease
• Your belongings are there
• Your partner has invited you home
• The argument has ended

The order remains legally binding.

If you need to recover belongings from the property, seek advice about how this can be arranged without breaching the conditions.

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What Is Common Assault Domestic Violence in NSW?

Common assault is one of the offences that can form part of domestic violence charges NSW.

Common assault is an offence under section 61 of the Crimes Act 1900.

The maximum penalty is two years imprisonment.

This is the maximum penalty available under the legislation. It does not mean that a person convicted of common assault will automatically receive imprisonment.

The Judge considers the seriousness of the conduct, the person’s history, circumstances of the offence, plea and other sentencing factors.

A common assault offence can be classified as domestic violence related where the relevant domestic relationship exists.

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Can You Be Charged With Domestic Violence Assault if Nobody Was Injured?

Yes. Common assault does not necessarily require physical injury.

Many people assume that an assault charge requires bruising, cuts or some other visible injury. That is not necessarily the case.

Common assault can involve unlawful physical contact.

In some circumstances, conduct that intentionally or recklessly causes another person to fear immediate unlawful violence may also amount to assault.

The legal issue is therefore not limited to whether somebody was physically injured.

Exactly what was said or done, the surrounding circumstances and the evidence can all become important.

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What Do Police Have to Prove?

If a charge is defended, the prosecution must prove the offence beyond reasonable doubt.

The matters that need to be proved will depend on the particular offence and allegations.

In a common assault case, relevant issues may include:

• What actually occurred
• Whether physical contact occurred
• Whether conduct caused an apprehension of immediate violence
• Whether the conduct was intentional or reckless
• Whether there was lawful justification
• Whether self-defence applies
• Whether witnesses are reliable
• Whether the prosecution can identify the person responsible

This is why the evidence should be considered carefully before deciding how to plead.

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What if I Was Acting in Self-Defence?

Self-defence may be relevant to some domestic violence assault allegations.

The law can recognise circumstances where someone acts to defend themselves, another person or, in some cases, property.

The surrounding circumstances may need to be examined carefully, including:

• What happened immediately before the incident
• Who first used or threatened force
• What you believed was occurring
• Why you believed your actions were necessary
• What you did in response
• Whether that response was reasonable in the circumstances as you perceived them

If you believe you were acting in self-defence, tell your lawyer exactly what happened.

Providing the complete account is important, even where some details may be uncomfortable or seem unhelpful.

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What Evidence Can Be Used in Domestic Violence Charges NSW?

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What Happens at Court for Domestic Violence Charges NSW?

Many domestic violence matters are first dealt with in the NSW Local Court.

Your court date should appear on your Court Attendance Notice.

At the first appearance, the Judge may need to deal with both the criminal charge and the ADVO.

You may need to indicate:

• Whether you plead guilty or not guilty
• Whether you consent to or oppose the ADVO
• Whether additional time is required
• Whether bail needs to be considered

You should understand the consequences before entering a plea or consenting to court orders.

Duncan Criminal Law represents clients in criminal matters throughout Sydney and across NSW. You can learn more about court representation and legal services.

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Many domestic violence and common assault matters are first dealt with in the NSW Local Court.

What Happens if I Plead Guilty?

A guilty plea means you accept responsibility for the offence.

The matter can then proceed to sentencing, either on that day or at a later date.

Before entering a guilty plea, the police facts should be read carefully.

The facts describe what the prosecution alleges occurred and may affect how the Judge assesses the seriousness of the offence.

If something important in the police facts is disputed or inaccurate, it should be considered before sentencing.

Depending on the circumstances, sentencing may involve consideration of:

• The seriousness of the conduct
• Any injury caused
• Your criminal history
• Previous domestic violence offending
• Your plea
• Your personal circumstances
• Rehabilitation
• Remorse
• Steps taken since the offence

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What Happens if I Plead Not Guilty?

If you plead not guilty, the prosecution must prove the charge.

The case will generally not be decided at the first court appearance.

Further court dates may be arranged and additional evidence may be provided.

If the matter proceeds to a defended hearing, the prosecution presents evidence and that evidence can be challenged by the defence.

The Judge then decides whether the prosecution has proved the offence beyond reasonable doubt.

If the prosecution does not meet that standard, the charge is dismissed.

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Can You Go to Jail for Domestic Violence Charges in NSW?

Imprisonment is legally available for a number of domestic violence related offences.

For example, common assault under section 61 of the Crimes Act 1900 carries a maximum penalty of two years imprisonment.

More serious assault offences carry higher maximum penalties.

A maximum penalty is the upper limit available to the court. It is not the sentence automatically imposed in every case.

The Judge considers the offence, circumstances and sentencing options available.

If imprisonment is a realistic possibility, obtaining legal representation and preparing carefully for court becomes particularly important.

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Will Domestic Violence Charges NSW Give Me a Criminal Record?

Being charged does not itself mean you have been convicted.

If you plead guilty or are found guilty, the sentencing outcome determines whether a conviction is recorded.

In some circumstances, a Judge can deal with an offence without recording a conviction.

This is commonly referred to as a Section 10.

A non-conviction outcome is not guaranteed and will depend on the circumstances of the offence, the person’s history and other matters relevant to sentence.

An ADVO by itself is not a criminal conviction. However, breaching an ADVO can result in criminal charges.

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30 Years Working in Criminal and Traffic Law

Michelle Duncan has worked in criminal and traffic law for 30 years.

She began her career as a police prosecutor, gaining firsthand experience in the way criminal allegations are investigated, prepared and presented by police.

For the past 26 years, Michelle has worked as a criminal and traffic lawyer representing people before NSW courts.

This background gives her experience from both sides of the courtroom.

Domestic violence matters can affect far more than the criminal proceedings themselves. They can affect relationships, children, housing, employment and a person’s reputation.

Michelle takes the time to understand the circumstances, explain the court process in clear language and provide realistic information about the available options.

You can learn more about Michelle Duncan and Duncan Criminal Law.

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Domestic Violence and Criminal Law Representation Across NSW

Duncan Criminal Law is based at 1/299 Elizabeth Street, Sydney NSW and represents people facing criminal charges throughout New South Wales.

Michelle assists clients facing the following:

• Common assault charges
• Domestic violence related assault
• Assault occasioning actual bodily harm
• ADVO applications
• Alleged breaches of ADVOs
• Intimidation and stalking allegations
• Bail matters
• Sentencing
• Defended criminal matters

Consultations can also be arranged by telephone or secure video conference for clients who cannot attend the Sydney office.

Learn more about criminal law representation in NSW.

You can also find Duncan Criminal Law on Google and read client reviews.

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Frequently Asked Questions About Domestic Violence Charges NSW

Can domestic violence charges be dropped in NSW?

Charges can be withdrawn in appropriate circumstances, but the alleged victim cannot simply cancel a police prosecution. Police or the prosecuting authority ultimately determine whether the charge continues.

What if my partner does not want to proceed?

Their wishes may be considered, but this does not automatically end the case. Police may continue the prosecution where other evidence exists.

Can I contact my partner after being charged?

Only if your ADVO and bail conditions permit contact. Check both before calling, messaging, visiting or responding to the protected person.

Can I go home if there is an ADVO?

It depends on the conditions. An ADVO may contain an exclusion condition preventing you from attending or living at a particular address.

Is an ADVO a criminal conviction?

No. An ADVO itself is a protective civil order. Breaching an ADVO can, however, result in a criminal charge.

Can I be charged with assault if nobody was injured?

Yes. Common assault does not necessarily require physical injury and in some circumstances may not require physical contact.

What if I was acting in self-defence?

Self-defence may be relevant depending on what occurred. The events leading to the incident, what you believed was happening and your response can all be important.

Can I go to jail for common assault?

Imprisonment is legally available. Common assault carries a maximum penalty of two years imprisonment, although the actual sentencing outcome depends on the individual circumstances.

Can I receive a Section 10?

A non-conviction outcome may be available in some circumstances. Whether this is appropriate depends on the offence, your history and the matters considered by the Judge.

What happens at my first court date?

You may need to indicate whether you plead guilty or not guilty and whether you consent to or oppose the ADVO. Bail and future court dates may also need to be considered.

Should I speak to a lawyer before court?

Obtaining advice before your first court appearance gives you time to understand the charge, evidence, ADVO, bail conditions and consequences of your plea.

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