Being charged with a domestic violence offence in NSW can be a confronting, challenging and stressful experience. In many cases, a person may be arrested, removed from their home, and become subject to an Apprehended Domestic Violence Order (ADVO) all within a matter of hours.
Having a clear understanding of the legal process, and what you are potentially facing will assist you in preserving your rights and making informed decisions.
What is a Domestic Violence Offence?
In New South Wales, domestic violence offences arise where the alleged victim is in a domestic relationship with the accused person. This may include spouses, former partners, family members, persons living together, or individuals involved in an intimate relationship.
Some examples of domestic violence charges in NSW include:
- Common assault;
- Assault occasioning actual bodily harm;
- Assault occasioning grievous bodily harm;
- Stalking or intimidation;
- Destroying or damaging property;
- Contravening an ADVO; or
- Using a carriage service to menace, harass or offend.
In most cases, Police will also apply for an Apprehended Domestic Violence Order (ADVO) to protect the alleged victim.
What Happens After You Are Charged?
Depending on the circumstances, Police may either grant bail or require the accused to appear before a Court for a bail determination. It is imperative that you obtain legal advice before applying for bail if you are refused by the Police.
The matter will then be listed before the Local Court of NSW for a first mention.
At the first Court mention, the accused person will generally have the opportunity to:
- Enter a plea of guilty or not guilty;
- Request the prosecution evidence;
- Seek an adjournment to obtain legal advice; and
- Address any bail or ADVO issues.
Again, it is important to obtain advice from an experienced Sydney domestic violence lawyer before entering a plea.
What is an ADVO?
An Apprehended Domestic Violence Order (ADVO) is a Court order designed to protect an individual from violence, intimidation, harassment, stalking, or other specified conduct. The individual is often referred to as the person in need of protection (PINOP).
An ADVO is separate from any criminal charge. This means that a person may be subject to an ADVO even if the criminal allegations are ultimately withdrawn or dismissed.
Breaching an ADVO is a criminal offence and can result in significant consequences.
Defending Domestic Violence Charges:
If a person pleads not guilty to a domestic violence offence in NSW, the matter will proceed through the Court process and will ultimately be listed for a defended hearing.
The prosecution must prove each element of the offence beyond a reasonable doubt.
A skilled criminal lawyer in Sydney can review the evidence, identify potential defences, and advise on the prospects of successfully defending the matter.
Why Early Legal Advice is Important
Domestic violence allegations can have serious consequences, including impacts on your employment, family law proceedings, firearms licences, working with children’s clearances, and future travel opportunities.
Seeking advice at an early stage can assist in protecting your rights and achieving the best possible outcome in Court.
If you have been charged with a Domestic Violence related offence, contact our experienced Domestic Violence lawyers for a free consultation.
About Quill Legal
At Quill Legal we innovate, educate, and plan to evoke excellence and confidence. Our principal solicitor, Shams, and his team are focused on delivering an honest, first-class service. With Quill legal by your side, you have lawyers who will passionately listen, advise and advocate your rights from start to finish.
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