Published: 24 February 2026
Last Updated: 9 September 2026
A domestic violence charge in NSW can change your living situation, your access to your children, and your freedom — within hours, before any court has heard a word of evidence. It does not require physical violence. A threatening message, a heated argument that gets reported, or property damage during a dispute can all result in a charge and an Apprehended Violence Order (AVO) that removes you from your home and cuts off contact with your family.
If you have been charged or served with a court attendance notice, what you do in the next 24 to 48 hours can significantly impact how your case proceeds.
At Morrisons Criminal and Traffic Law Specialists, our Accredited Specialists in Criminal Law act for people charged with domestic violence across the Illawarra, South Coast, Southern Highlands, Western Sydney, and Macarthur regions from our offices in Wollongong and Campbelltown. Matthew Ward, Principal Solicitor at Morrisons, explains how broad the category is:
“Domestic violence has a wide definition and captures a wide array of relationships. 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, which is normally a mobile phone.”
Before anything else, this is what is at stake. A domestic violence charge even before conviction can mean:
These consequences can start before you have had any opportunity to tell your side of the story. Getting advice early is what keeps your options open.
Domestic violence is not a single charge.
It is a legal classification applied to a range of offences committed against someone you have a domestic relationship with: a current or former partner, a family member, someone you live or have lived with, or someone with whom you have or have had a certain type of legal relationship.
The relationship is broader than most people expect. It can include adult children, parents, siblings and extended family. It is not limited to intimate partners.
Common offences charged as domestic violence, and their maximum penalties, include:
The non-physical offences – threats, harassment, intimidating messages – are increasingly charged and carry serious maximum penalties. Matthew Ward has seen clients who had no idea their conduct could be characterised as a domestic violence offence until police knocked on the door.
For a fuller picture of what conduct qualifies, see our guide on domestic violence scenarios.
Faster than most people expect. An Apprehended Domestic Violence Order (ADVO) can be put in place within hours of an incident, before any court hearing. 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.”
Police can apply foran order on behalf of the protected person. A provisional order takes effect immediately after police make the application. At the first mention date – usually within weeks – the court decides whether to confirm or vary the order on an interim basis. If a final order is made, the standard term is 2 years.
For a full explanation of how an AVO works, what the conditions mean, and how they can be varied, learn more about AVO circumstances.
Most domestic violence cases go through the Local Court. Here is the general sequence:
First mention date: Your first appearance in court, usually within a few weeks of being charged (unless you were not granted bail). The case is not normally heard at this stage – it is listed for the Court to know how you intend to proceed. For example, you may enter a plea of guilty or not guilty. This is also normally when the AVO is listed. You need a lawyer by this point.
Subsequent mentions: The case may be adjourned, depending on how your case is proceeding. If you have pleaded not guilty, then there will be a mention called a readiness hearing, before the actual hearing date of the allegation.
Hearing or plea: If you contest the charge, the case proceeds to a defended hearing. Witnesses – including police and any complainant – give evidence and are cross-examined. If you plead guilty, the case proceeds to sentencing.
Timeline: An AVO hearing in the Wollongong area is commonly listed within two to four months. Where a criminal charge accompanies the AVO, the whole case can take 2 to 18 months, depending on the level of seriousness.
If a conviction becomes a realistic possibility and you want to understand the sentencing alternatives available, including the possibility of avoiding a conviction through a Section 10 or the more serious alternative of an intensive correction order, early advice is essential.
A significant number of the cases Morrisons sees in domestic violence cases come from decisions made 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.”
Two misconceptions cause the most harm.
“I can sort this out privately.” Once police are involved, the case is no longer private. Matthew Ward is direct:
“Some people believe their case can be sorted out privately, that they can just smooth it over 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 outside of this procedure can make things worse.”
Approaching the protected person to resolve the situation, even if they welcome it, can result in a charge of breaching the AVO,on top of everything else.
“They can’t stop me from seeing my children.” They can, and it happens every day in NSW once an order is in place. Contact with your children does not automatically resume while an AVO is in force. The Local Court will defer to the Family Court on parenting and custody, which is why domestic violence cases are often run alongside a family lawyer. For a direct answer on custody risk, see our article about custody when facing a domestic violence offence.
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 prohibits all contact with his partner and children. Rather than reacting, the case 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 custody issues in parallel, and the criminal charge proceeds to a defended hearing. He is found not guilty, and both the charge and the AVO are dismissed. The whole process takes around 3 months. As Matthew Ward says:
“you need to make sure things are moving in the meantime, because the court process can sometimes be a slow one. It is critical that there is a strategy and specialist family lawyers are engaged when needed to take care of the family law proceedings at the same time”
The outcome here was the result of everything being handled properly from the first day, not rescued at the last minute.
3 rules that protect your position regardless of the charge:
Immediately. Before you respond to the police, before you contact the other person, and before your first mention date. The earlier a lawyer is involved, the more options are available: variations to AVO conditions can be sought, evidence can be reviewed before positions are set, and parenting and custody issues can be managed alongside the criminal case from the start.
For first offenders worried about what a conviction means for their record and future, the question of if you can go to jail for a first time domestic violence offence is worth reading alongside this guide.
If you have been charged with a domestic violence offence or served with a court attendance notice, Morrisons Criminal and Traffic Law Specialists offers a free initial consultation. Our team includes three Accredited Specialists in Criminal Law (Law Society of NSW).
We act for clients across the Illawarra, South Coast, Southern Highlands, Western Sydney, and Macarthur regions from our offices in Wollongong and Campbelltown, and we work alongside trusted family lawyers where parenting and contact are in dispute.
Contact at our Wollongong Office via the website or by phone 02 4227 3505 or our Campbelltown Office via the website or by phone 02 4607 5070.
