Frequently Asked Questions – Domestic Violence Defence
1. What is considered a domestic violence offence in NSW?
A domestic violence offence includes any personal violence offence committed by someone in a domestic relationship with the victim. This can include assault, intimidation, stalking, and property damage. The law recognises relationships such as partners, family members, carers, and housemates.
2. What should I do if I’ve been charged with a domestic violence offence?
Seek immediate legal advice. It’s important not to enter a plea until you understand the charges, have reviewed the evidence, and received professional legal guidance. At Greenfield Lawyers, we help you understand your options and build a defence strategy early on.
3. Can I defend myself against false allegations of domestic violence?
Yes. Common defences include self-defence, lack of intent, lawful correction (in the case of parents), or mistaken identity. Each case depends on the specific facts and available evidence. We examine the brief and explore all legal defences available to you.
4. How long does a domestic violence matter take in court?
Under the Local Court Practice Note, domestic violence matters are prioritised and usually set for hearing within three months of the charge being laid. However, this can vary depending on court availability and case complexity.
5. Will I have to go to court if I’m charged?
Yes. You must attend court unless legally excused. At Greenfield Lawyers, we appear on your behalf and guide you through every court appearance, helping you understand what to expect at each stage.
6. What happens if the complainant doesn’t attend court?
If the complainant fails to attend and cannot be compelled to give evidence, the prosecution may not be able to prove its case, depending on the evidence available. In such situations, we may seek to have the matter dismissed for lack of evidence.
7. What is an Apprehended Violence Order (AVO)?
An AVO is a civil order designed to protect someone from violence, harassment, or intimidation. There are three types: provisional, interim, and final AVOs. Breaching an AVO can lead to criminal charges, even if the underlying allegation is unproven.
8. What is the penalty for breaching an AVO in NSW?
Breaching an AVO is a serious criminal offence. If the breach involves an act of violence, the court must impose a custodial sentence unless there are exceptional circumstances.
9. Can an AVO be challenged or changed?
Yes. We can negotiate with police and the court to vary or revoke the conditions of an AVO if they are unnecessary or overly restrictive, especially if they affect your employment, parenting arrangements, or living situation.
10. What is a “case theory” and why is it important?
A case theory is your legal team’s explanation of events based on your version of what happened, supported by evidence. It helps structure your defence and guides the cross-examination and submissions at trial.
11. What if there is no physical evidence or injuries?
Lack of physical evidence does not automatically lead to acquittal. The court may rely on witness credibility and circumstantial evidence. However, it can be a significant factor in weakening the prosecution’s case.
12. Can intoxication be a defence to domestic violence charges?
In some cases, yes. If the offence is one of specific intent (e.g., intimidation or stalking), evidence of intoxication may cast doubt on whether the required intent existed.
13. What if I made admissions in a police interview?
Not all admissions are admissible in court. If they were obtained improperly (e.g., without a caution or while you were intoxicated), we may apply to exclude them under the Evidence Act 1995.