Domestic Violence

Domestic Violence Matters in NSW – Understanding
your options & getting legal help

There is no one specific offence of “domestic violence” in NSW.

It is the act or threat of violence that occur in a domestic setting that may constitute other criminal offences. An offence is charged as one of domestic violence where the accused person has had a ‘domestic relationship’ with that other person.

Any allegation of domestic violence is treated with the highest level of seriousness by our Courts and often do carry significant consequences. Whether you are seeking protection or defending an allegation, we’re here to help at Tempus Law. We will be able to provide you with clear guidance and tailored representation to help you navigate this sensitive area.

What is considered a ‘domestic relationship’?

The term ‘domestic relationship’ has a very broad and far-reaching definition.

It is defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) as follows:

• (1) For the purpose of this At, a person as a “domestic relationship” with another person if the person –
• • a. Is or has been married to the other person, or
  • b. Is or has been a de facto partner of that other person, or
  • c. Has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
  • d. Is living or has lived in the same household,
  • e. Is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person, or
  • f. Has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person,
  • g. Is or has been a relative of the other person, or
  • h. In the case of an Aboriginal or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to Indigenous kinship systems.

What is considered a domestic violence offence?

Domestic violence involves a wide range of criminal conduct which occurs within a domestic or intimate relationship. This can include offences like, but not limited to, physical violence, sexual violence, stalking, intimidation, threats, property damage, financial control, and coercive control.

It is noted that this is not an exhaustive list of considerations.

What type of penalty can I expect?

The penalty which you may receive will vary on the type of offence which you are charged with.

If you have been charged with a domestic violence related offence, it’s important that you get legal advice early.

What will happen when the Police come to my house?

If the Police have been called in response to a domestic violence incident, they will firstly investigate the allegation made. This is typically done by speaking with any witnesses or victims, and locating and observing any electronic evidence.

It is at this stage that the Police may lay charges against you or apply for an Apprehended Domestic Violence Order (‘ADVO’) for the protection of the alleged victim. This will happen if it is suspected that a domestic violence offence has been committed.

The Police have the authority to arrest you and take you back to your local police station to be charged. If the Police do charge you with a domestic violence offence, they will likely make an application for a final ADVO against you.

If the Police do not charge you, they may still decide to make an application for a final ADVO against you. While the final order is being considered by the Court, the Police have the power to issue you with a provisional ADVO. A provisional ADVO is an enforceable order which you must comply with until the matter has been finalised by the Court.

You do not need to be charged with a criminal offence to have an ADVO issued against you.

What is an ADVO?

An ADVO is an Apprehended Domestic Violence Order. It is not a criminal order, but a civil order that governs your behaviour and conduct when you are around the Person In Need of Protection (‘PINOP’). It is important that if you have been served with an ADVO, that you strictly comply with the conditions set out therein.

It is a criminal offence to contravene a prohibition and/or restriction in an ADVO. This carries a maximum penalty of 2 years gaol and/or a fine of $5,500.

What conditions can be enforced against me in an ADVO?

There are a range of conditions which may be imposed against you in the ADVO.

Condition 1 is a standard condition which is found on all applications for a final ADVO. That condition requires that you do not:

• Assault or threaten the other person
• Stalk, harass, or intimidate the other person
• Intentionally or recklessly destroy or damage any property or harm any animal that belongs to or is in the possession of the PINOP

Other conditions which may be imposed against you are as follows:

1. A condition that there be no contact between you and the PINOP
2. A condition that you do not approach the PINOP’s place of study or any place they may conduct their schooling
3. A condition that you not approach the PINOP for 12 hours after you have consumed alcohol or taken illicit drugs
4. A condition that you not attempt to locate the PINOP
5. A condition that you not live with the PINOP
6. A condition that you not go into the PINOP’s home or place of employment
7. A condition that you not possess any firearms or prohibited weapons

Will I have to attend Court?

Yes, you will be required to attend your Local Court.

If you have been charged with a domestic violence offence, you will be asked whether you intend to plead guilty or not guilty. You have the right to challenge any allegations of offending and an ADVO.

Legal representation is crucial, as domestic violence offences are complex and often involving competing versions of events, competing family dynamics, and evidentiary disputes.

If you have entered a plea of guilty, your matter will proceed to sentencing. If you have entered a plea of not guilty, the Magistrate will list your matter for a hearing of the evidence.

If you have only been served with an ADVO, you will be asked whether you seek to consent to the making of the final ADVO or whether you seek to contest the ADVO. You may consent to an ADVO on a without admissions basis. This means that you agree to comply with the conditions of the ADVO, but you don’t necessarily agree with the circumstances that led to the making of a final ADVO.

If you seek to contest the ADVO, the Court will impose was are called ‘timetable orders’ for the service and submission of any evidence sought to be relied upon by the parties.

If you are seeking protection

If you are the victim of threats, violence, or ongoing coercive behaviour, our team can help you:

• Speak with the Police
• Apply for an ADVO
• Explain to you the Court process
• Assist you to secure safer living arrangements, and/or
• Obtain orders involving children and property access

Your safety is the priority, and legal advice can help ensure that the appropriate protections are put in place.

Why legal advice is essential

We understand that allegations of domestic violence can affect your living arrangements, your access to your children, your employment, and your relationships. These cases are often highly sensitive and often urgent, having Tempus Law assist from the beginning can make a significant difference. We guide you through the court process, assist you to prepare for the hearing, speak on your behalf, and work towards the most favourable outcome.

Whether you need protection from violence or you are responding to allegations, Tempus Law provides confidential, practical, and professional advice tailored to your situation. Contact us to discuss your options and the best path forward.