Domestic Violence Offences in New South Wales

Domestic violence offences are extremely prevalent in New South Wales, with statistics revealing that the number of incidents occurring in the state continues to rise.

In the 12-month period to March 2023, there were 34,017 incidents of domestic-violence related assault, as reported by the NSW Bureau of Crime Statistics and Research.

Overall, there has been a 3% increase per year on average, in the past five years.

What is domestic violence?

For an offence to be classified as a ‘domestic violence’ offence it must involve persons in a domestic relationship and be a ‘personal violence offence’.

A personal violence offence refers to a wide range of conduct including assault, sexual touching, choking, stalking, intimidating, destroying or damaging property, breaching an Apprehended Violence Order, sexual assault, and murder.

The conduct may also be an offence that arises substantially from the same circumstances as the personal violence offence, or an offence which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful.

Domestic relationships are defined as between those who:

• are or were married,

• are or were in a de facto relationship,

• who are in or have had an intimate relationship,

• are living or have lived in the same household,

• are living or have lived as long-term residents in the same residential facility,

• has or has had a relationship involving ongoing care (paid or unpaid) of the other person,

• relatives.

In the case of an Aboriginal person or a Torres Strait Islander, domestic relationships will include their extended family or kin, with reference to the Indigenous kinship system of their culture.

A domestic relationship will exist between two people if they have both had a domestic relationship of a kind outlined with the same person.

For example, if you have an ex-partner and current partner, they would be classified as having a domestic relationship, even if they have never met.

What is the court process?

Domestic violence offences are treated differently in the Local Court, when compared to other offences, so that they can be finalised quickly.

The accused person is meant to be served with a ‘mini brief’ after being charged, with this to occur no later than the matter’s first court date.

A mini brief is to include the alleged facts, a copy of the complainant’s statement and any photographs on which the prosecution will rely.

The complainant’s statement will most often in the form of a Domestic Violence Evidence in Chief (‘DVEC’) which is a video recorded statement.

Police officers may still take a typed or notebook statement from the complainant, however police procedures provide that there may be no need if a recorded statement has been taken.

The accused will be provided with an audio copy however, they are unable to receive a copy of the video. This can only be served on their legal representative, who is able to show it to them.

These procedures are implemented because defendants accused of domestic violence will be asked to enter a plea the first time they appear in court, with viewing the evidence prior thus assisting this.

If the defendant is unable to enter a plea at the first court date, or they have not had a reasonable opportunity to view the recorded statement, local court procedures prescribe that the court will allow an adjournment of not more than 14 days for a plea to be entered.

If a plea of not guilty is entered, the matter will be adjourned to a defended hearing date. An order for the remainder of the evidence to be served not less than 14 days before the hearing will also be made.

During a hearing, domestic violence complainants may choose to give evidence from a place other than the courtroom by audio visual link (essentially by video).

If a plea of guilty is entered, the matter will proceed to a sentence.

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