Does Verbal Abuse Count as Domestic Violence in NSW? A Legal Expert Guide

Yes, in NSW, repeated or targeted verbal abuse – such as intimidation, threats or emotional harm can be recognised as a form of domestic violence under the law. It may even lead to an Apprehended Domestic Violence Order (ADVO) or criminal charges depending on its nature and impact.

If you’ve been accused of verbal abuse and have an upcoming court date, you may be feeling overwhelmed, confused, or anxious. That’s completely normal. This guide is here to clarify your rights, help you understand what’s happening—and what to do next—so you can move forward calmly and confidently.

In This Guide, You’ll Learn:

How NSW law defines verbal abuse within the context of domestic violence
Why verbal abuse alone can lead to an Apprehended Domestic Violence Order (ADVO)
What your options are if you’ve been accused
How to protect your legal rights, including possible defences and how to access legal support

This article is prepared by criminal lawyers at Morrisons Law, who regularly advise and represent clients in domestic violence and ADVO cases.

This article has been prepared by our team at Morrisons – we’re criminal and traffic experts who regularly advise and represent clients who have been charged with domestic violence offences.

What Is Verbal Abuse — And Why Can It Lead to an ADVO?

Verbal abuse in the context of a domestic relationship means a pattern of persistent and harmful communication – such as repeated yelling, threats, humiliation or gaslighting – that leads the protected person to fear for their emotional or physical safety. It’s not about one-off arguments, but about ongoing behaviour intended to intimidate or degrade that causes real emotional harm.

Look out for these red flags:

Threats of harm (“I’ll bury you,” “I’ll find you”)
Insults or degrading language (persistent name-calling or belittling)
Intimidation or controlling behaviour (harassing texts, calls, or social media messages that induce fear)
Emotional manipulation or gaslighting (“You’re crazy,” denying events, isolating or shaming comments)

Verbal abuse becomes more than a heated moment when:

It occurs repeatedly or severely
It’s clearly targeted or manipulative
It causes the other person to fear for their safety or emotional well-being

How NSW Law Defines Domestic Violence (Even Without Physical Harm)

What does “Intimidation” legally mean?

Under the Crimes (Domestic and Personal Violence) Act 2007, behaviours such as intimidation or harassment – behaviour that does not lead to physical harm is still conduct that constitutes domestic violence. This means physical violence does not need to be shown for someone to be charged with verbal abuse offences or have an ADVO made against them.

In fact, that Act specifically includes non-physical contact such as intimidation and harassment as domestic violence, provided it occurs within a domestic relationship.

(e.g. partners, family members, new partners of your ex, children and housemates).

Section 7 of the Act defines intimidation, as any conduct, including cyberbullying that amounts to harassment or molestation, or any approach by communication (e.g. calls, texts or emails) that causes a reasonable fear for safety, or a reasonable apprehension of injury, violence, property damage, or harm to an animal belonging to someone in a domestic relationship.

Criminal Offence without Physical Harm

Comparatively, section 13 of the Act makes it a criminal offence to stalk or intimidate someone with the intention of causing fear of physical or mental harm.

The maximum penalty is up to 5 years imprisonment and/or 50 penalty units (financial penalty).

Importantly, prosecutors don’t need to prove that the victim actually felt such fear – only that the conduct was likely to cause fear and was intended to do so.

Can charges and ADVO’s granted without physical violence

Police can issue an ADVO if they find reasonable basis for the protected person to fear the defendant – even where there is no physical harm involved.

These orders restrict a person’s conduct, including place restrictions and prohibit conduct against the vicitm.

Likewise, people can be charged for stalking and intimidation offences without having physically touched the other person.

“We represent a large number of people who initially don’t realise that words said in the heat of the moment, regardless of whether any physical acts occurred, can result in an application for an AVO as well as a charge of intimidation. The law in NSW criminalises many acts that don’t involve any actual physical contact in a domestic relationship.” – Matt Ward, Partner at Morrisons Law

Why Have I Been Accused — and What Should I Do?

People can be accused of verbal abuse in various contexts – especially when their words cause emotional harm. Common reasons include:

Name-calling, sarcasm, belittling language and blame-shifting.
These behaviours go beyond normal disagreements and aim to demean, manipulate, or undermine someone’s sense of self-worth.
Gaslighting or emotional manipulation
Repeated manipulation that makes the other person question their own reality of feelings is a hallmark of verbal abuse.
Threats – especially repeated ones
Conveying genuine intent to cause harm (i.e. a “true threat”) can escalate accusations into legal territory

What to do if you’ve been served with an ADVO (apprehended domestic violence order)

An ADVO is a civil order. It is not a criminal charge. It is designed to protect someone from violence, threats, stalking, intimidation or harassment by someone with whom they share a “domestic” relationship.

Key steps to take immediately:

Read the order carefully and ensure you understand all the conditions – these prohibit assault, threats, stalking, harassment, intimidation, or property damage toward the protected person or their associates. Additional orders can include no contact orders preventing you from contacting them at all, or approaching them at their home, place of work or school. Additional orders can also prevent you contacting or approaching them within 12 hours of consuming alcohol or taking illicit substances.
It is important to comply with this order as breaching the conditions can result in criminal charges of ‘contravening ADVO’s’ which are serious offences. You can seek to vary the conditions at Court.
Seek legal advice before acting.

Criminal lawyers such as Morrisons can help you understand your options.

How to Respond to an ADVO for Verbal Abuse

Here are your main paths in court:

Consent to the ADVO without admitting fault — this avoids immediate confrontation and may limit impact.
Negotiate terms — with legal counsel, you might achieve a shorter term or less restrictive conditions.
Fight the ADVO in court — if you believe it’s unjust, your lawyer can help you present your side.

Getting advice early is key: it gives you time, options, and the best chance to shape a fair outcome.

Real-Life Case Example (Anonymised)

“We helped a client who faced an ADVO after sending emotionally intense texts to their ex. No explicit threats were made, but an interim order was put in place by the Court. We gathered context and evidence, and ultimately the final ADVO was not made.” – Morrisons Team.

What Happens If You Breach an ADVO?

The ADVO itself is not a criminal conviction, but breaching it is:

A breach can lead to penalties of up to 2 years in prison and/or fines up to $5,500
If there is a no contact condition and the protected person initiates contact, responding can still be considered a breach

Always comply fully—or consult your lawyer if you’re unsure.

When to Get Help—And What Morrisons Law Offers

You don’t have to go through this alone. If you’ve been accused of verbal abuse and served with an ADVO, you need clarity, guidance, and support.

What we offer at Morrisons Law:

Free initial consultation over the phone or in person.
Experienced representation in Campbelltown, Wollongong and other NSW court

Call us or fill out our contact form today—let’s help you navigate this with confidence and clarity.

Frequently Asked Questions

Does verbal abuse count as domestic violence in NSW?
Yes — if it causes fear, intimidation, or emotional harm, verbal abuse can be considered domestic violence under NSW law.

Can I get an ADVO for verbal abuse?
Yes. An Apprehended Domestic Violence Order (ADVO) can be issued if verbal abuse creates fear or emotional harm.

Can I be served with an ADVO even if I haven’t touched anyone?
Yes. Physical violence is not required — ADVOs can be issued for emotional or verbal abuse.

What should I do if I’m accused of verbal abuse?
Seek legal advice immediately.

Can I defend myself against an ADVO?
Yes. You can choose to contest the application in court, agree to it, or negotiate the terms.

Is verbal abuse a criminal offence?
Yes, verbal abuse can result in criminal charges of intimidation or harassment.

What happens if I breach an ADVO?
You may face criminal charges, including fines or imprisonment, even if the breach was unintentional.

Can I talk to the protected person if they contact me first?
If a condition of the ADVO is no contact and the protected person initiates contact, responding may breach your ADVO conditions.

Will an ADVO go on my criminal record?
An ADVO itself doesn’t appear on your criminal record, but any breach of the order is a criminal offence and convictions of criminal offences do go on criminal records.

How can Morrisons Law help me if I’ve been accused of verbal abuse?
We can help you understand your legal rights, respond to the ADVO, and defend your case in court if necessary.