Domestic Violence

Understanding Domestic Violence Laws in NSW

In NSW, the Crimes (Domestic and Personal Violence) Act 2007 does not offer a specific definition of domestic violence. However, Australian law characterises domestic violence as one person attempting to dominate and control another within a domestic or family-like relationship. Such conduct can be made up of many different criminal charges. 

Domestic relationships can include:

• Current or previous spouse 
• Current or previous de-facto partner
• A person who has had an intimate relationship – regardless of whether the relationship was one of a sexual nature
• Someone who lived in the same household
• Someone who is a relative of the other person (e.g. child, parent, sibling)

The Act acknowledges that offences committed in a domestic context are distinct from similar offences committed outside such a relationship. Before this legislation in NSW, a person convicted of a crime like assault might not have had their offence recognised as occurring in a domestic setting.

Types of Domestic Violence Offences

Domestic violence can include:

• Common assault/physical abuse
• Stalking, intimidation and harassment
• Contravening Apprehended Violence Orders (AVO’s)
• Choking with intent
• Reckless wounding
• Emotional or psychological abuse
• Sexual abuse
• Financial abuse and control 

As of July 1, 2024, abusive behaviour including coercive control towards current or former intimate partners became a criminal offence in NSW under amendments to the Crimes Act 1900 and Crimes (Domestic and Personal Violence) Act 2007. 

Coercive control involves patterns of abuse, such as emotional, financial, and psychological manipulation. Penalties can range from two to seven years imprisonment. 

Applications for an AVO in NSW

An Apprehended Violence Order (AVO) is a legal order designed to protect individuals from violence, threats, or harassment. It is not a criminal charge or conviction, but it does impose legal restrictions on the person named in the order. The specific conditions of an AVO vary but may include:

• No stalking, harassment, or intimidation
• No direct contact (except through a lawyer)
• No approaching certain locations (e.g., home, workplace, school)

Types of AVOs

There are two types of AVOs under NSW law:

1. Apprehended Domestic Violence Order (ADVO) – issued when the parties involved are in a domestic relationship (e.g., spouses, partners, family members).
2. Apprehended Personal Violence Order (APVO) – issued when there is no domestic relationship (e.g., colleagues, neighbors, acquaintances).

How AVOs are issued

If police apply for an AVO, it becomes a provisional order, enforceable until the first court date. The court may then issue an interim AVO, which remains in place until the case is finalised.
If the AVO is linked to a criminal charge, it usually stays in force until the criminal case is resolved. The court will then decide whether a final AVO should be made based on the evidence presented.

Breaching an AVO: Penalties and Consequences

Although an AVO itself is not a criminal conviction, breaching an AVO is a serious criminal offence under NSW law. The offence of contravening an AVO carries severe penalties, including:

• Fines up to $5,500
• Up to 2 years imprisonment

To convict someone of breaching an AVO, the court must prove beyond reasonable doubt that:

1. A valid AVO was in place.
2. The individual was aware of the AVO (served a copy or present in court).
3. The individual knowingly violated one or more conditions of the order.

Common Domestic Violence Offences in NSW

Under NSW law, many criminal offences can be classified as domestic violence depending on the relationship between the parties. Common charges include:

• Common Assault
• Assault Occasioning Actual Bodily Harm
• Intimidation and Stalking
• Wounding and  Reckless Grievous Bodily Harm (GBH)
• Using a Carriage Service to Menace, Harass or Offend
• Choking, Suffocation or Strangulation
• Property Destruction or Damage

If you are facing AVO proceedings or domestic violence charges in NSW, seeking legal advice immediately is crucial. Morrisons’ experienced domestic violence lawyers can provide expert legal representation to protect your rights.

Penalties and Legal Consequences for Domestic Violence

The penalties for domestic violence vary depending on the nature and severity of the offence. It can also vary depending on which court the case is finalised in.

Here is a list of the maximum penalty each type of domestic violence carries in NSW:

Coercive Control Laws in NSW

As of July 2024, coercive control is a criminal offence in NSW, following amendments to the Crimes Act 1900 and the Crimes (Domestic and Personal Violence) Act 2007. These new domestic violence laws were introduced to address patterns of abusive behaviour that aim to dominate or control a partner.

Coercive control refers to ongoing patterns of controlling behaviour used by a current or former partner to exert power over another person. This abuse can be physical or non-physical and may include:

• Emotional and psychological abuse
• Stalking, threats, and harassment
• Financial abuse and control
• Sexual coercion and manipulation
• Isolation from family and friends
• Monitoring or restricting movement, communication or finances

Penalties for Coercive Control in NSW

Under NSW law, coercive control carries a maximum penalty of 7 years imprisonment.

If you are facing coercive control charges under NSW domestic violence laws, it’s essential to get expert legal advice. Morrisons’ experienced criminal lawyers can help navigate the legal process and protect your rights.