Domestic Violence Lawyer

A domestic relationship includes more than just married couples or romantic partners. Under the Crimes (Personal and Domestic Violence) Act 2007, a domestic relationship includes current or former spouses, de facto partners of any gender, people who live or have lived together, family members, and carers. When defending against domestic violence charges, understanding whether your situation falls within what domestic relationships include can be crucial to your case strategy. Our legal team can help determine how these relationship definitions apply to your specific situation and what that means for your defence.

The domestic violence laws in NSW recognise various types of domestic and personal violence that can occur between ex-partners or current partners. These include actual bodily harm, mental health abuse or physical abuse, sexual assault, assault occasioning bodily harm, child abuse, and offences involving carriage service for harassment. When psychological abuse involves patterns of controlling behaviour or coercive control, it’s treated with the same seriousness as physical violence. Family violence lawyers often see cases involving both male victims and female offenders, as domestic violence doesn’t discriminate by gender. The personal and domestic violence statutes also recognise that the offender’s wives and ex-partner’s new partners can be involved in these situations. Each type of violence requires specific evidence and legal approaches under the Family Law Act.

During a domestic violence trial, various forms of domestic violence evidence are considered by the court. This includes police briefs, witness statements, and documentation of both mental and physical harm. The person accused has the right to challenge this evidence through their legal representation. Criminal charges must be proven beyond a reasonable doubt, and the prosecution needs to present a comprehensive case. Our team scrutinises all evidence thoroughly, including any history of domestic violence between the parties involved.

The maximum penalty varies depending on the specific domestic violence offence, ranging from fines to imprisonment. For common assault, penalties can include up to 2 years imprisonment, while more serious domestic violence offences like assault occasioning grievous bodily harm can result in longer sentences. Our criminal defence team works to minimise potential penalties based on the specific circumstances of your case. The court considers factors such as prior criminal record, the severity of the incident, and any mitigating circumstances when determining sentences.

When you’re facing domestic violence allegations, having strong legal representation is crucial. As leading domestic violence lawyers, we have significant experience in addressing unacceptable risk concerns and defending against cases involving allegations of psychological abuse, financial abuse, or persistent and unwanted behaviour. Our expertise includes handling complex cases where domestic abuse claims may involve multiple aspects, including religious or spiritual beliefs. We work to protect your rights throughout the legal process while ensuring your side of the story is heard in court.

A domestic violence charge can have serious implications, including potential jail time, fines, and impact on your future employment and family relationships. Our experienced Sydney domestic violence lawyers work to minimise these consequences through various legal strategies. We understand that family violence allegations can be complex, often involving claims of psychological abuse, unwanted sexual contact, or financial abuse, and a domestic violence conviction can significantly impact pending spousal maintenance claims. Our approach focuses on building strong defences against these serious allegations while protecting your legal rights.

When you’re facing domestic violence allegations, having strong legal representation is crucial. As leading domestic violence lawyers, we have significant experience in addressing unacceptable risk concerns and defending against cases involving allegations of psychological abuse, financial abuse, or persistent and unwanted behaviour. Our expertise includes handling complex cases where domestic abuse claims may involve multiple aspects, including religious or spiritual beliefs. We work to protect your rights throughout the legal process while ensuring your side of the story is heard in court.

An Apprehended Violence Order (AVO) is a court order restricting your behaviour to protect the alleged victim. When served with an AVO, our team can help you understand the specific conditions, work to negotiate reasonable modifications and contest the order if circumstances warrant it. We provide representation throughout the entire process, including preparation for court dates and advocacy during defended hearings. Understanding and complying with AVO conditions is crucial to avoiding additional legal complications.

Courts take any unauthorised victim contact very seriously, particularly in cases involving ex-partners or current domestic relationships. The person accused must strictly follow any no-contact orders. This includes indirect contact through carriage service (phones, social media, or electronic communications). Violations can result in additional criminal charges and complicate existing legal proceedings. We provide clear guidance on managing these restrictions while your case proceeds.

The prosecution must prove beyond reasonable doubt that the alleged incident occurred within a domestic relationship and that you intended to cause fear or harm. This typically involves police statements, witness testimony, physical evidence, and victim statements. Our defence strategy focuses on analysing and challenging this evidence where appropriate, identifying inconsistencies, and presenting alternative explanations when possible. We thoroughly examine all aspects of the prosecution’s case to ensure your rights are protected.

The duration of domestic violence cases varies significantly depending on several factors. The complexity of evidence, court availability, whether you plead guilty or not guilty, and whether the matter proceeds to district court all affect the timeline. Cases can take anywhere from several months to over a year to resolve. Throughout this time, we provide guidance and support while working to expedite the process where possible.

While possible, dropping charges requires specific circumstances and careful legal strategy. Situations involving insufficient evidence, procedural errors, witness credibility issues or new exculpatory evidence may lead to charges being withdrawn. Our proven track record shows we explore all available options to achieve the best possible outcome. We work closely with prosecutors and the court to identify opportunities for charge reduction or dismissal when appropriate.

A criminal record for domestic violence can have significant long-term implications. Employment opportunities, international travel capabilities, professional licenses, working with children clearances, and future family law proceedings may all be affected. We understand these potential consequences and work to minimise the impact on your future through strategic defence approaches and careful negotiation of outcomes.

The family court takes domestic violence allegations very seriously in all proceedings. When criminal charges intersect with family law matters, both the family law courts and criminal courts may be involved. This is particularly crucial in cases involving child abuse allegations or where children have witnessed violence. The Family Law Act provides specific provisions for handling these situations, and our family violence lawyers can help navigate both systems effectively.

Legal costs for defending criminal charges related to domestic violence vary depending on case complexity and duration. We understand that facing criminal convictions can be financially stressful, and we work to provide clear cost structures and payment options. Our initial consultation helps outline potential legal costs and available funding options, including legal aid where applicable. We believe everyone deserves proper legal representation regardless of their financial situation.

Legal aid availability depends on various circumstances, including your financial situation, case complexity, and the likelihood of imprisonment. During your initial consultation, we can discuss various options for financial support and payment arrangements. We work to ensure you have access to necessary legal representation regardless of your financial circumstances.

Our criminal law team offers comprehensive experience in domestic offences and is constantly available to answer urgent matters. We provide strategic defence planning and strong advocacy in both local and district courts. Our understanding of both criminal and family law implications allows us to address all aspects of your case effectively. We maintain open communication throughout your case and work tirelessly to achieve the best possible outcomes.