What the different types of domestic violence?

Facing charges or accusations related to a Domestic Violence offence can be a daunting experience, and at Faraj Defence Lawyers, we are here to support you through it. Many offences come under ‘Domestic Violence’, this can include offences such as, but aren't limited to:

• Breaches of ADVO’S

• Common Assault 

• Stalking and Intimidation 

• Using carriage service to harass, threat, menace of offend

• Property damage 

• Sexual assault

At Faraj Defence Lawyers, we understand the gravity of being charged with a domestic violence offence and the potential impact it can have on your life, such as negatively affecting your current or future employment, travel plans, future family law proceedings, your ability to care for dependants and other lifestyle changes. 

By engaging with our team of specialised domestic violence lawyers, you can confidently discuss details of the case and gain insights into the best course of action specific to your case. Your peace of mind is important to us, and we are here to navigate the legal complexities on your behalf. Call us today to ensure that you have the support and guidance you need during this stressful time.

We are your expert Domestic Violence Defence Lawyers

At Faraj Defence Lawyers, we specialise in providing expert defence for Domestic Violence Offences, recognising the heightened scrutiny these cases face in the NSW legal system. With the courts taking a firm stance on domestic violence, the issuance of Apprehended Violence Orders (AVOs) by police on behalf of victims has become more prevalent, significantly affecting defendants. 

It is crucial to have an experienced lawyer in your corner, helping you navigate these challenges and ensuring the protection of your rights. Our dedicated team is committed to offering unparalleled expertise, ensuring that you receive strong and effective representation in the face of domestic violence charges. Trust Faraj Defence Lawyers to stand by you, safeguard your rights, and provide the legal support needed, to address these serious matters.

How can Faraj Defence Lawyers Help?

Choosing the right legal representation can make all the difference when facing domestic violence charges, at Faraj Defence Lawyers we stand out as the optimal choice for defendants seeking expert guidance and unwavering support. So what makes us different?

What is a Domestic violence offence?

A domestic violence offence is when an offence is committed against a person with whom you have a domestic relationship. A domestic relationship is defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 as:

• Is or has been married to the other person, or

• Is or has been a de facto partner of that other person, or 

• 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 

• Is living or has lived in the same household as the other person, or

• 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

• Has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person, or

• Is or has been a relative of the other person, or 

• In the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

In the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

Any offence which is committed against someone that you have a domestic relationship with, for example a simple common assault charge can come under the category of a domestic violence offence just because the crime was committed against someone who you have a domestic relationship with. As long as this relationship can be established, then the legal framework and impacts surrounding domestic violence come into effect.

What the different types of domestic violence?

Domestic violence encompasses various forms of abusive behaviour, and it is important to recognise that it is not a distinct offence but rather a classification linked to other offences occurring within a domestic context. Within the realm of domestic violence, charges can stem from various actions, each carrying its own legal implications. Common forms of domestic violence offences include:

• Common Assault: Involves intentionally causing another person to apprehend the immediate use of unlawful force.

• Assault Occasioning Actual Bodily Harm (AOABH): This charge pertains to intentionally causing bodily harm to another person, and it carries more severe consequences than common assault.

• Stalking/Intimidation: Involves engaging in behaviour that causes another person to fear for their safety or the safety of others, including unwanted surveillance or persistent unwanted contact.

• Breach of an Apprehended Domestic Violence Order (ADVO): Violating the conditions outlined in a court-issued ADVO, which is designed to protect the victim from further harm.

Penalties for Domestic violence offences

Penalties for domestic violence offences have recently been greater due to the increased domestic violence offences before the court. Section 4A of the Crimes Sentencing Procedure Act 1999 states that if a court finds a person guilty of a domestic violence offence, the court must impose on them either:

• A sentence of full-time detention, or 

• A supervised order

However, the court is not required to impose either of those sentencing options if the court is satisfied that a different sentencing option is more appropriate in the circumstances. 

Furthermore, section 4B of the Crimes Sentencing Procedure Act 1999 provides that the Court must consider the safety of the victim of the offence before imposing a community correction order, conditional release order or intensive correction order.

It is unable to impose a home detention condition if the court reasonably believes that the offender will reside with the victim of the domestic violence offence.

If you are charged with a domestic violence offence, you may be subject to the following penalties depending on you history, the subjective factors of your case and the nature and severity of the offence:

• Section 10(1)(a) dismissal 

• Conditional release order without conviction 

• Fine

• Conditional release with conviction 

• Community corrections order

• Intensive corrections order 

• Full-time imprisonment

Let our Domestic Violence Lawyers defend your rights

We ensure you are treated with compassion and empathy.

When facing charges of a domestic violence offence, securing experienced legal representation is paramount to safeguarding your rights and navigating the complexities of the legal system. At Faraj Defence Lawyers, we understand the gravity of these situations and are committed to ensuring you are treated with compassion and empathy throughout the legal process. 

We recognise that every situation is unique, and we work diligently to formulate a strategic defence that considers the specific details and circumstances surrounding the charges. With a focus on empathy and understanding, we strive to make a positive difference in the lives of those accused of domestic violence offences.If you or someone you know is facing charges related to assault or domestic violence, call us now at (02) 8896 6034 for free advice or book a free initial consultation