Have You Been Charged with a Domestic Violence Offence?

Being charged with a domestic violence offence is a serious legal matter that can affect your freedom, reputation, employment, and even your family law proceedings. Domestic violence charges are taken very seriously by NSW courts, and the potential consequences include criminal convictions, fines, supervised orders, and in some cases, imprisonment.

If you’ve been charged with a domestic violence offence, you need expert legal advice to navigate the complexities of the legal system and protect your rights. At Faraj Defence Lawyers, we specialise in defending clients against domestic violence charges and ensuring the best possible outcome for their case.

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 

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.

Types of Domestic Violence Offences

Domestic violence is not a standalone offence but a classification applied to various criminal acts committed within a domestic context. Below are some of the most common types of domestic violence offences:

• Common Assault: Intentionally causing someone to fear immediate unlawful violence.

• Assault Occasioning Actual Bodily Harm (AOABH): Causing physical injury that goes beyond minor or temporary harm.

• Stalking/Intimidation: Engaging in persistent unwanted behaviour that causes fear for personal safety.

• Breach of an Apprehended Domestic Violence Order (ADVO): Violating the conditions of a court-issued protective order.

• Property Damage: Destroying or damaging property belonging to the protected person.
• Sexual Assault: Engaging in non-consensual sexual acts with someone within a domestic relationship.
• Using a Carriage Service to Harass or Threaten: Sending threatening messages via phone, text, or online platforms.

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: No conviction recorded, but the offence is proven.

• Conditional Release Order (CRO): Court-ordered conditions, either with or without a conviction.

• Fine: A monetary penalty imposed by the court.

• Community Corrections Order (CCO): A supervised order with specific conditions, such as community service.

• Intensive Corrections Order (ICO): A custodial sentence served in the community under strict conditions.

• Full-Time Imprisonment: The most severe penalty, usually reserved for serious domestic violence offences.

Defences to Domestic Violence Charges

There are several potential defences to domestic violence charges, depending on the circumstances of the case.

Some of the most common defences include:

• False Allegation – The alleged victim has made an untrue claim.

• Self-Defence – The accused acted to protect themselves or someone else from harm.

• Lack of Evidence – The prosecution cannot prove the offence beyond a reasonable doubt.

• Procedural Error – Police or prosecutors made mistakes during the investigation or arrest.

• Consent (for Property Damage) – In some cases, consent from the alleged victim can be a valid defence.

Let Our Domestic Violence Lawyers Defend Your Rights

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

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