Domestic Violence Offences – Defend Your Rights with Greenfield Criminal Lawyers

Experienced Domestic Violence Defence Lawyers in Sydney – Protecting Your Freedom, Reputation and Future

Are you facing domestic violence charges in NSW? At Greenfield Criminal & AVO Defence Lawyers, we understand the devastating impact that allegations of domestic violence can have on your career, family, and freedom. Whether you’re charged with common assault, intimidation, stalking or contravening an Apprehended Violence Order (AVO), our experienced team of Sydney defence lawyers can help you defend your case and protect your legal rights.

What Is a Domestic Violence Offence in NSW?

A domestic violence offence is a personal violence offence committed by someone against a person with whom they share or have shared a domestic relationship, as defined by the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

Examples of domestic relationships include:

• Current or former partners (married or de facto)
• Family members or relatives
• People who live or have lived together
• Carers and dependents
• People in intimate relationships

Common charges include:

• Assault occasioning actual bodily harm
• Common assault
• Stalking or intimidation with intent to cause fear
• Destroying or damaging property
• Contravening an AVO

(Source: CDPVA ss 5, 11; Crimes Act 1900)

Apprehended Domestic Violence Orders (ADVOs)

ADVOs are court orders made to protect individuals from future harm or intimidation by someone they are in a domestic relationship with. While an ADVO is a civil order, breaching its terms is a criminal offence that can carry up to 2 years’ imprisonment.

Standard ADVO conditions prohibit:

• Assaulting, threatening, stalking or intimidating the protected person
• Damaging their property

Additional conditions can restrict contact, prevent access to homes or workplaces, and prohibit communication.

(Source: CDPVA ss 16, 17, 36)

Understanding Stalking and Intimidation Charges

You can be charged with intimidation even if there was no physical violence. Conduct such as repeated verbal abuse, phone calls, or online messages that cause fear may be considered intimidation.

Stalking includes watching, following, or loitering near the protected person’s home, workplace or any place they frequent.

These offences carry a maximum penalty of 5 years’ imprisonment or 50 penalty units.

(Source: CDPVA s 13)

Police Procedures and DVEC Statements

Since June 2015, police may record a complainant’s statement on video (known as Domestic Violence Evidence in Chief – DVEC) instead of a written statement. This video is played as evidence-in-chief at hearing.

While it may reduce trauma for the complainant, it poses serious challenges for the accused, particularly in preparing an adequate defence. These recordings:

• Are not provided to the accused directly
• Must be viewed under supervision by lawyers
• Are governed by strict rules of admissibility and handling

(Source: Criminal Procedure Act 1986, s 289D–289P)

Legal Defences to Domestic Violence Charges

At Greenfield Lawyers, we analyse your case thoroughly and explore every available legal defence, including:

1. Self-Defence

You are entitled to protect yourself or another person if your actions were reasonable and proportionate to the threat perceived.

(Crimes Act 1900 s 418)

2. Lack of Intent

For offences requiring specific intent (e.g., intimidation), intoxication or misunderstanding may be raised to show the absence of intent.

(Crimes Act ss 428B–428C)

3. False Allegations or Lack of Evidence

We often encounter matters where allegations are exaggerated, fabricated, or unsupported by admissible evidence. These cases demand robust cross-examination and strategic advocacy.

4. Lawful Correction

Parents accused of assaulting a child may raise a defence of lawful correction if force used was reasonable and not likely to cause lasting harm.

(Crimes Act s 61AA)

Penalties and Criminal Record Implications

If convicted, the offence will likely be recorded as a domestic violence offence on your criminal record. This can affect your:

• Employment and Working with Children checks
• Family court parenting disputes
• Firearms licence
• Immigration or travel prospects

(CDPVA s 12, Firearms Act 1996 s 11(5))

How Greenfield Criminal Lawyers Can Help

We are highly experienced in defending domestic violence offences at:

• Bankstown Local Court
• Burwood Local Court
• Fairfield Local Court
• Liverpool Local Court
• Parramatta Local Court
• Waverley Local Court
• Downing Centre Local Court
• All courts across Sydney and NSW

Our defence lawyers will:

• Obtain and analyse the full brief of evidence
• Identify weaknesses in the prosecution case
• Advise you of your best legal options
• Represent you at mention, case conference, or defended hearing

We have successfully defended thousands of clients facing domestic violence charges and AVOs—often resulting in withdrawal of charges or dismissal after hearing.

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Frequently Asked Questions

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Speak to an Experienced Domestic Violence Lawyer Today

Being charged with a domestic violence offence can be overwhelming—but you do not have to face it alone. At Greenfield Lawyers, we are committed to helping you achieve the best possible outcome in your case.

Call 0422 372 695 now or email greenfieldcriminallawyers@gmail.com to arrange a confidential case review.

Greenfield Criminal & AVO Defence Lawyers
Level 8, 25 Restwell Street
Bankstown NSW 2200