Published: 24 February 2026
Last Updated: 9 July 2026
Domestic violence in New South Wales is a wide legal category, not a single charge, and it often arrives faster than people expect, sometimes within hours of an incident. It can involve physical acts, but also threats, harassment, property damage or menacing messages. If you have been charged or served with an apprehended violence order, what you do in the first days matters.
At Morrisons Criminal and Traffic Law Specialists (https://morrisonslaw.com.au/services/criminal-law/domestic-violence/), our Accredited Specialists in Criminal Law, based in Wollongong and Campbelltown, act for people in domestic violence and AVO cases across the Illawarra, South Coast, Campbelltown and Southern Highlands. Matthew Ward (https://morrisonslaw.com.au/team/matthew-ward/), Principal Solicitor at Morrisons, explains how broad the category is:
“Domestic violence has a wide definition. The common scenarios are a marriage or long-term relationship breaking down, parent and child, and extended relatives. A lot of it is non-physical: threats, harassment, property damage, or menacing someone through a carriage service.”
Domestic violence is governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW), but they can also include charges under the Crimes Act 1900 (NSW) committed in a domestic relationship. The relationship can extend well beyond partners, covering parents and children, extended family, and people who live together.
A “domestic violence offence” is not one charge but any of a range of offences committed against a person with whom you are in a domestic relationship. Common examples and their maximum penalties include:
Common assault (Crimes Act 1900, section 61): up to 2 years imprisonment
Assault occasioning actual bodily harm (section 59): up to 5 years imprisonment
Stalking or intimidation with intent to cause fear of physical or mental harm (Crimes (Domestic and Personal Violence) Act 2007, section 13): up to 5 years imprisonment
Coercive control of a current or former intimate partner (section 54D, commenced 1 July 2024): up to 7 years imprisonment
Faster than most people realise, which is why early advice matters. An apprehended domestic violence order (ADVO) can be put in place within hours of an incident, and it can stop you contacting your partner and children. Matthew Ward describes how sudden it can be:
“You might be at home on a Saturday night. There’s an incident. You may have an AVO within a couple of hours. And then you can’t see and contact your children.”
If you are served with an order, our guide on what an AVO is and how to respond (https://morrisonslaw.com.au/news/what-is-an-avo/) explains how the conditions work and how they can be varied.
A great deal of the setbacks in these cases comes from acting on a misunderstanding of how the process works. Matthew Ward points to the mistaken belief that a case can be made to go away privately:
“People believe their case can be sorted out privately, that they can just pay someone or have a chat to see if it will be withdrawn. Once police and the court are involved, there is a process, and trying to resolve it civilly can make things worse.”
Another is the assumption that contact with children simply resumes. As Matthew Ward puts it, people often believe “they can’t stop me seeing my children,” but the reality is that this happens every day in NSW once an order is in place. The criminal court and the AVO list defer to the Family Court on parenting and custody, which is why these cases are often run alongside a family lawyer.
The most damaging errors usually happen after the charge and before a lawyer is involved. Matthew Ward explains:
“Some of the biggest problems we see arise when things have happened, conversations have been had and emails sent, before we become involved. This can change the course of a case and result in evidence being used in Court at a later time. Breaching bail also leads to re-arrest, and breaching the AVO leads to further charges.”
The practical rules that protect your position are simple but easy to get wrong under stress: comply with every bail condition, comply with every term of the AVO even if the protected person initiates contact, and do not try to resolve the matter directly with the other person.
A husband is charged with common assault and intimidation after an argument in front of the children. He is served with an AVO that removes him from the family home and stops contact with his partner and children. Rather than reacting, the matter is run methodically: the AVO conditions are varied to allow contact under a parenting arrangement, a family lawyer is brought in to deal with the parenting issues, and the criminal charge proceeds to a hearing. He is found not guilty, and the charge and AVO are dismissed. The case takes more than six months from charge to resolution. As Matthew Ward says, “you need to make sure things are moving in the meantime, because the court process can be a slow one.”
As soon as you are charged or served with a court attendance notice, and before you respond to anyone about the incident. Cases can take six months or more to resolve, so the steps taken in the meantime, on bail, on the AVO, and on any parenting arrangements, all matter.
Domestic violence is a wide category covering physical acts as well as threats, harassment, property damage and menacing communication, and it applies to partners, parents, children and extended relatives, as well as anyone else you have a domestic relationship with.
An ADVO can be made within hours of an incident and can restrict contact with a partner and children
Penalties vary by charge and include lengthy periods of imprisonment, for example common assault (up to 2 years), assault occasioning actual bodily harm (up to 5 years), intimidation (up to 5 years) and coercive control (up to 7 years).
Trying to resolve a case privately once police are involved can make it worse, and breaching bail or an AVO leads to further charges.
The criminal court defers to the Family Court on parenting, so these matters are often run alongside a family lawyer.
Get advice immediately, comply with all bail and AVO conditions, and keep the case moving rather than leaving it to the last minute
If you have been charged with a domestic violence offence or served with an AVO, Morrisons offers a free initial consultation. Our team includes three Accredited Specialists in Criminal Law (Law Society of NSW), and we act for clients across the Illawarra, South Coast, Southern Highlands, Campbelltown and Macarthur regions, working alongside trusted family lawyers where parenting and contact are in issue.
Contact us (https://morrisonslaw.com.au/contact/) at our Wollongong office on 02 4227 3505 or our Campbelltown office on 02 4607 5070.
