Domestic Violence Lawyers Sydney

Domestic violence charges in New South Wales are extremely serious and can attract significant jail time, permanent criminal records, and life-altering consequences. If you’ve been charged with a domestic violence offence in Sydney or anywhere in NSW, you’re facing one of the most aggressively prosecuted categories of criminal charges in the state.

One critical myth needs to be dispelled immediately: domestic violence doesn’t just relate to physical harm between partners. Under NSW law, domestic violence encompasses a broad range of conduct including intimidation, threatening behaviour, emotional and psychological abuse, economic abuse, stalking, harassment, property damage, and coercive control.

How serious your situation is can only be properly assessed by speaking with an experienced domestic violence lawyer immediately. These matters move fast, and early legal intervention can mean the difference between charges being dropped and a criminal conviction that destroys your future.

At Hannay Lawyers, we’ve successfully defended hundreds of domestic violence cases across Sydney and regional NSW courts. We understand how the system works, how prosecutors think, and most importantly—how to protect you. Don’t wait. Contact us now.

Understanding Domestic Violence Laws in NSW

In order to mount an effective defence against domestic violence charges, it’s essential to understand how domestic violence is defined and prosecuted under NSW law. Domestic violence is taken extraordinarily seriously in New South Wales, and the laws surrounding it are complex, comprehensive, and heavily weighted toward prosecution.

Domestic violence laws in NSW are primarily governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW), which defines domestic violence broadly and creates a framework for both criminal charges and civil Apprehended Domestic Violence Orders (ADVOs).

What Constitutes Domestic Violence in NSW?

Under Section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), domestic violence includes any of the following conduct committed against a person with whom you have or have had a domestic relationship:

Physical Abuse or Assault

Any intentional or reckless application of force including hitting, pushing, shoving, restraining, grabbing, slapping, kicking, or any other physical contact without consent. This is prosecuted under assault provisions in the Crimes Act 1900 (NSW).

Sexual Abuse or Assault

Any non-consensual sexual conduct or forcing someone to engage in sexual activity against their will, prosecuted under sexual assault provisions in the Crimes Act 1900 (NSW).

Psychological or Emotional Abuse

Conduct intended to cause psychological harm or fear including repeated insults, humiliation, ridicule, threats, controlling behaviour, isolation from friends and family, or manipulation.

Economic Abuse

Controlling or restricting financial resources, preventing someone from working, forcing someone to hand over wages, withholding money needed for reasonable living expenses, or economic coercion.

Threatening Behaviour

Threatening to harm the person, their children, other family members, pets, or property. Threats to damage property, “out” someone’s sexuality or personal information, or harm their reputation also constitute domestic violence.

Coercive Control

Patterns of behaviour designed to control, dominate, or create dependence including monitoring communications, controlling movements, dictating what someone can wear, isolating them from support networks, or systematically undermining their autonomy.

Stalking or Harassment

Following, watching, approaching, contacting, or communicating with someone in a way that causes fear or apprehension. This includes persistent unwanted phone calls, messages, emails, or social media contact.

Intimidation

Conduct intended to cause fear including standing over someone, blocking exits, destroying property in their presence, harming pets, or displaying weapons.

Property Damage or Destruction

Intentionally damaging or destroying property belonging to the other person or shared property, particularly when done to intimidate, punish, or control.

What Is a Domestic Relationship Under NSW Law?

For conduct to constitute domestic violence under NSW law, it must occur within a domestic relationship. Section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) defines domestic relationships broadly to include:

• Current or former spouses or de facto partners including same-sex relationships
• Current or former intimate personal relationships even if not living together
• People who are living or have lived together in the same household
• People who have or have had a continuing relationship such as extended family members, carers, or people in dependency relationships
• Parents who share parental responsibility for children even if never in a relationship

The definition is deliberately broad to capture the full range of family and domestic situations where abuse can occur.

Types of Domestic Violence Charges in NSW

Domestic violence offences in NSW can result in various criminal charges under the Crimes Act 1900 (NSW), each carrying significant penalties:

• Common Assault (Domestic Violence) – Section 61 of the Crimes Act 1900 (NSW)
• Intentionally or recklessly causing another person to fear immediate and unlawful violence, or applying force to another person without consent. Maximum penalty: 2 years imprisonment.
• Assault Occasioning Actual Bodily Harm (Domestic Violence) – Section 59 of the Crimes Act 1900 (NSW)
• Assault that causes actual physical harm such as bruising, scratches, or minor injuries. Maximum penalty: 5 years imprisonment, or 7 years if the assault occurs in company.
• Reckless Grievous Bodily Harm (Domestic Violence) – Section 35 of the Crimes Act 1900 (NSW)
• Recklessly causing serious injury such as broken bones, deep cuts, or permanent disfigurement. Maximum penalty: 10 years imprisonment.
• Intentional Grievous Bodily Harm (Domestic Violence) – Section 33 of the Crimes Act 1900 (NSW)
• Intentionally causing serious injury to another person. Maximum penalty: 25 years imprisonment.
• Stalk or Intimidate (Domestic Violence) – Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)
• Stalking or intimidating another person with intent to cause fear of physical or mental harm. Maximum penalty: 5 years imprisonment, or 7 years if the offence was committed in the company of others.
• Contravention of Apprehended Domestic Violence Order (ADVO) – Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)
• Breaching the conditions of an ADVO including contacting the protected person, approaching them, or entering prohibited locations. Maximum penalty: 2 years imprisonment for first offence, 5 years for subsequent offences.
• Choking, Suffocation or Strangulation (Domestic Violence) – Section 37 of the Crimes Act 1900 (NSW)
• Intentionally choking, suffocating, or strangling another person. This offence was specifically introduced to address the extreme danger of strangulation in domestic violence contexts. Maximum penalty: 5 years imprisonment.
• Destroy or Damage Property (Domestic Violence) – Section 195 of the Crimes Act 1900 (NSW)
• Intentionally or recklessly destroying or damaging property belonging to another person. Maximum penalty: 5 years imprisonment.

The Consequences of a Domestic Violence Conviction in NSW

A domestic violence conviction will devastate your life in multiple ways, with consequences that extend far beyond any immediate sentence:

Imprisonment

Depending on the severity of the offence and your criminal history, you could face anywhere from several months to 25 years in prison. Courts treat domestic violence extremely seriously, and custodial sentences are common.

Permanent Criminal Record

A conviction results in a permanent criminal record that will appear on police checks for the rest of your life, affecting employment, professional licences, volunteer opportunities, travel, and housing applications.

Apprehended Domestic Violence Orders (ADVOs)

You’ll almost certainly have an ADVO made against you with conditions that can include prohibitions on contacting the protected person, approaching them, going near their home or workplace, and possessing firearms. Breaching an ADVO is a separate criminal offence.

Loss of Custody and Contact with Children

A domestic violence conviction heavily influences Family Court decisions about parenting arrangements. You may lose custody, have supervised contact only, or be prohibited from seeing your children entirely.

Exclusion from Your Home

ADVOs often exclude you from your own home, forcing you to find alternative accommodation even if you own or pay rent on the property.

Loss of Employment

Many employers terminate employees convicted of violent offences, particularly in healthcare, education, government, security, childcare, and professional roles requiring registration.

Firearm Prohibition Orders

Under the Firearms Act 1996 (NSW), a domestic violence conviction or ADVO results in automatic prohibition from possessing or using firearms and firearms licences being revoked.

Immigration Consequences

Visa holders or permanent residents face visa cancellation and deportation for domestic violence convictions. This can result in permanent separation from Australian family members.

Reputational Destruction

Domestic violence charges and convictions carry extreme social stigma. Your reputation in your community, workplace, and family will be permanently damaged.

Difficulty Obtaining Bail in Future Matters

Under the Bail Act 2013 (NSW), domestic violence offences are considered serious, and having a domestic violence history makes it significantly harder to obtain bail if charged with any offence in the future.

The Importance of Legal Representation in Domestic Violence Cases

Having expert legal representation is absolutely critical in domestic violence cases for several reasons. An experienced domestic violence lawyer will be thoroughly versed in the intricacies of NSW domestic violence laws, police investigation practices, prosecution strategies, and court procedures—ensuring they can provide you with the highest level of defence.

When facing domestic violence charges, you need someone who can aggressively advocate for your rights and protect your interests from the moment of arrest through to final resolution. Here’s why legal representation is non-negotiable:

Protecting Your Rights from the Start

From your first contact with police, everything you say and do can be used against you. An experienced lawyer will advise you during police interviews, ensure police follow proper procedures, and prevent you from making damaging admissions or statements that undermine your defence.

Building a Strong Defence Strategy

A skilled domestic violence lawyer will assess all evidence, gather witness testimonies, obtain electronic evidence, identify inconsistencies in the complainant’s account, and present compelling arguments in court. They work tirelessly to ensure that justice is served and that your side of the story is heard.

Challenging Weak or False Allegations

Many domestic violence allegations are exaggerated, fabricated, or motivated by family law advantage, revenge, or other ulterior motives. An experienced lawyer knows how to identify false allegations, expose inconsistencies, and challenge complainant credibility through strategic cross-examination.

Negotiating with Prosecutors

An experienced lawyer can negotiate directly with prosecutors to have charges withdrawn, downgraded to less serious offences, or to secure agreed facts that minimise penalties. Early intervention often leads to charges being dropped entirely.

Providing Emotional Support

A domestic violence lawyer understands the sensitive, stressful, and emotionally charged nature of these cases. They can guide you through the legal process while offering compassion, understanding, and clear communication. They can also connect you with support services and resources that can assist during this difficult time.

Key Aspects of Domestic Violence Laws You Need to Know

Understanding the following key aspects of NSW domestic violence laws is crucial when facing charges:

The Burden of Proof

The prosecution must prove beyond reasonable doubt that you committed the offence. Your lawyer’s job is to create reasonable doubt by challenging evidence, exposing inconsistencies, and presenting alternative explanations.

The Role of Apprehended Domestic Violence Orders (ADVOs)

ADVOs are civil orders, not criminal convictions, but breaching an ADVO is a criminal offence. Police routinely apply for ADVOs alongside criminal charges. Consenting to an ADVO without admissions is often strategically wise, but you need legal advice before making this decision.

Police Body-Worn Video Evidence

NSW Police now routinely record interactions with domestic violence complainants and respondents using body-worn cameras. This footage is powerful evidence that can help or harm your case depending on what was said and done.

Mandatory ADVO Applications

Under Section 49 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), police must apply for an ADVO if they have reason to believe domestic violence has occurred and that an order is necessary for protection. This means ADVOs are applied for in almost every domestic violence matter.

No-Drop Prosecution Policies

NSW Police and prosecutors operate under policies where domestic violence matters proceed even if the complainant wants to withdraw. Complainants can be compelled to give evidence, meaning cases proceed despite complainant reluctance.

Penalties Vary Significantly

Penalties depend on the specific offence, severity of conduct, your criminal history, whether the complainant was injured, and mitigating or aggravating factors. A knowledgeable lawyer will understand these penalty structures and work to minimise consequences.

Section 10 Dismissals Are Rare

While Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows courts to find someone guilty without recording a conviction, magistrates rarely use this option for domestic violence offences. Expect that a guilty plea or finding will result in a conviction being recorded.

Identifying Your Legal Needs

Before searching for a domestic violence lawyer in Sydney, it’s important to identify your specific legal needs. Each case is unique, and understanding your situation is vital in finding the right lawyer.

Assessing Your Situation

Start by thoroughly assessing your situation. Consider the specific allegations against you, the evidence police have gathered, whether there are any witnesses who support your version of events, and whether the allegations are false, exaggerated, or accurately reflect what occurred.

Document everything you remember about the alleged incident including dates, times, locations, what was said and done, and who else was present. This information will help you communicate effectively with potential lawyers and will provide the foundation for building your defence.

Consider the impact of the allegations on your physical safety, mental health, employment, housing, and relationship with your children. It’s essential to prioritise these practical matters and seek appropriate support.

Determining Your Legal Requirements

Next, determine your specific legal requirements. Do you need a lawyer with experience in criminal law, family law, or both? The complexity of your case will determine the expertise required from your legal representation.

If you have children involved and face Family Court proceedings related to the domestic violence allegations, you may need coordination between criminal and family lawyers. If you’re on a visa, you may need immigration advice regarding potential visa cancellation consequences.

Consider whether you need urgent bail representation, advice regarding ADVOs, or representation at contested hearings. Understanding your immediate and long-term legal needs will help you find the right lawyer.

Why Choose Hannay Lawyers for Domestic Violence Charges in NSW

At Hannay Lawyers, we specialise in defending domestic violence charges across Sydney and all NSW courts. We understand how devastating these allegations are and how aggressively they’re prosecuted. Here’s why clients trust us:

Extensive Experience Across All NSW Courts

We’ve successfully defended domestic violence cases in Local Courts across Sydney including Downing Centre, Parramatta, Penrith, Liverpool, and Sutherland, as well as in District and Supreme Courts throughout NSW.

Aggressive, Strategic Defence

We scrutinise every aspect of the prosecution case, challenge weak evidence, expose false allegations, and build powerful defences tailored to your specific circumstances.

24/7 Availability

Domestic violence charges require immediate action. We’re available around the clock for urgent bail applications, police interview advice, and immediate legal assistance.

Proven Track Record

Our lawyers have secured countless charge withdrawals, not guilty verdicts, and minimal penalties for clients facing domestic violence allegations.

Comprehensive Support

We coordinate with family lawyers to protect custody rights, provide immigration referrals for visa holders, and connect clients with counselling and support services when needed.

Clear, Honest Communication

We explain your options clearly, keep you informed at every stage, and never leave you uncertain about your case or your options.

Take Action Now—Your Future Depends on It

If you’ve been charged with domestic violence in Sydney or anywhere in NSW, time is critical. The longer you wait to get legal advice, the harder it becomes to mount an effective defence. Evidence disappears. Witnesses’ memories fade. Opportunities to negotiate with prosecutors evaporate.

Don’t face these charges alone. Contact Hannay Lawyers today for immediate, expert legal representation. We’ll review your case, explain your options, and fight relentlessly to protect your rights, your freedom, and your future.