DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
If you or someone you know is facing charges or being questioned by Police in relation to domestic violence charges, you must ensure that they do not answer any questions or participate in an interview with Police without first seeking legal advice. Please note that the only legal requirement is to provide the Police with your name and address.
In New South Wales, there is no offence called “domestic violence”. Instead, offences such as common assault, intimidation, etc., are treated as domestic violence offences when they occur in the context of a domestic relationship. Domestic violence charges carry serious penalties and can have significant consequences, even for first time offenders. If you, a family member or a friend is facing domestic violence charges, you need to understand that these allegations can range from relatively minor matters to the most serious offences, including murder.
Apprehended Domestic Violence Orders (ADVO’s) are Orders specific to domestic relationships. That is, they apply to people in a relationship, a house/flat mate, children, a former partner, spouse or family member.
ADVO’s are civil orders, not criminal orders. However, if the conditions of an ADVO are breached, it automatically becomes a criminal law matter. It is not uncommon for people with an ADVO to also be charged with domestic violence offences (criminal charges).
If you or someone you know has received a Provisional ADVO and/or is facing domestic violence charges, you may well want to understand questions like these:
Below we answer these questions and more, specific to domestic violence related charges in New South Wales.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
An ADVO is a type of Apprehended Violence Order (AVO) and is specific to New South Wales. ADVO stands for Apprehended Domestic Violence Order.
The person who has an ADVO on them is referred to as the defendant.
The person or people whom the ADVO is to protect are known as the Protected Person/s or Person In Need of Protection (PINOP).
There are three stages of ADVO’s:
At any of these stages, the defendant will be required to follow the ADVO’s conditions. That is, rules they must follow and ways they must behave, or they may face criminal charges.
There are mandatory conditions and additional conditions that may be imposed depending on the allegations and level of risk. The Police and the Court have the discretion to impose additional restrictions as needed to protect the PINOP.
The mandatory conditions that are imposed for every ADVO are that the defendant must not:
The mandatory conditions extend to anyone the PINOP has a domestic relationship with i.e., new partners, children, other family members.
Some common conditions that may also be added are that the defendant must not:
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
In NSW, domestic violence offences can encompass a wide range of criminal charges, including:
The key element that makes these offences “domestic” violence is that they occur between people who have or had a domestic relationship. This includes current or former intimate partners (married, de facto, boyfriend/girlfriend), family members, or people who live or have lived in the same household.
Importantly, domestic violence doesn’t only include physical violence. Emotional and psychological abuse can also constitute domestic violence offences under NSW law.
One of the biggest concerns for people facing domestic violence allegations is that Police may issue a provisional ADVO at the start of the investigation, before they file criminal charges.
A provisional ADVO has a lower standard of proof than that required for criminal charges because it is a civil matter. Police can issue a provisional ADVO while they conduct further investigation into potential criminal charges. This means that the Police may sometimes lay criminal charges at a later date, even if the ADVO has already been to Court. Sometimes, because an ADVO is civil in nature and does not appear on someone’s criminal record, people consent to the ADVO on a “without admissions” basis. This means that the defendant does not necessarily agree with the allegations or the need for an ADVO, but, to avoid a contested Hearing, they consent to the Court making a final ADVO. Even after this has occurred, the Police may later charge someone for domestic violence offences.
The most serious immediate consequence of a provisional ADVO is that if the defendant lives with the protected person, the defendant could be required to move out of their home immediately if the ADVO conditions prohibit them from contacting the protected person or coming within a certain distance of where they live.
This can happen even in family situations, such as between a mother and an adult child, depending on the seriousness of the allegations. For people under 18, Police may make enquiries about other family members who could provide accommodation, and may need to involve child protection services if no suitable arrangement can be made.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
Need urgent bail assistance out of business hours? Reach out via our After Hours number. During business hours, phone our team at our Penrith or Blacktown offices. For all other enquiries relating to domestic violence charges, we can provide you with advice via telephone, online meeting or at one of our office locations.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
If you are facing criminal charges, you must seek urgent legal advice to learn which legal avenues are available to you.
Timing is everything. Early legal advice can significantly impact the outcome of your case. Our experienced team of domestic violence defence lawyers are ready to assist.
The penalty that someone receives for domestic violence offences will vary depending on the specific charge, the seriousness of the allegations, and their criminal history. Penalties can range from:
* It is very rare to receive a Section 10 dismissal (no conviction) for domestic violence charges. This would generally apply only to conduct considered very minor. Although rare, it is not impossible…
Courts take domestic violence cases very seriously, and even first time offenders can still face jail sentences depending on the circumstances. That being said, early legal advice and proper preparation can help minimise penalties.
Factors that may assist with sentencing include:
Your lawyer will provide you with recommendations based on your specific circumstances. Seek urgent legal advice as early as possible.
Below you will find information about the maximum penalties for the most common offences.
Below you will find some of the most common domestic violence offences. This is not an exhaustive list. For more information, including penalties for other related offences, click through to these dedicated pages:
To view this table on mobile or tablet devices, use your finger to swipe left and right.
| OFFENCES | Custodial Sentence (Imprisonment) MAXIMUM PENALTY |
| Common Assault | 2 years |
| Contravene Apprehended Domestic Violence Order (Breach of ADVO) Standard offence & does not include aggravated or in company charges | 2 years |
| Record, Distribute or Threaten To Record Or Distribute An Intimate Image Without Consent | 3 years |
| Assault occasioning Actual Bodily Harm | 5 years |
| Destroy or Damage Property (Does not include explosives or fire) | 5 years |
| Stalking/Intimidation | 5 years |
| Choking, Suffocation or Strangulation (Does not include person becoming unconscious) | 5 years |
| Using a carriage service to Menace, Harass or Offend | 5 years |
| Coercive Control | 7 years |
| Wounding or Grievous Bodily Harm With Intent | 25 years |
Information accurate for New South Wales as of February 2026.
Sources: Crimes Act 1900 No 40
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
You deserve the very best legal advice and representation, and our experienced team of criminal lawyers are ready to assist.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
Although an ADVO is a civil Court Order, if the conditions of an ADVO are not followed, a person may be charged with contravening (or breaching) the ADVO.
The three types of Contraventions of an ADVO and their maximum penalties are as follows:
* Information accurate for New South Wales as of February 2026.
Source: Crimes (Domestic and Personal Violence Act 2007 (NSW).
If you have been served with an ADVO only (no criminal charges) and wish to challenge it, then the following steps are involved as part of that process:
You are not able to challenge a Provisional ADVO. However, if you wish to challenge an Interim ADVO or seek to revoke or vary a Final ADVO, then there are certain requirements that must be met. This includes submitting evidence to support your Application. It is crucial that you seek legal advice first, as your Application may be dismissed if you have not met the requirements. Seeking legal advice from people who understand the procedures, requirements and how to negotiate and challenge claims effectively during the process, as well as in the Court setting, places you in a better position.
If you get it wrong, your Application may be dismissed without the Court Hearing all of the evidence.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
We can help. Early legal advice is essential to have time to prepare your case. Have the support of experienced ADVO defence lawyers.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
Defending a domestic violence case is easier when the prosecution relies solely on the victim’s statement. Essentially, creating a “word on word” case where the alleged victim’s evidence is closely scrutinised by the defence. This does not mean that just because it is one persons word against the other that the Court will automatically dismiss the ADVO or criminal charges.
The defence becomes more challenging when independent corroborating evidence, such as photographs, CCTV footage, text messages, or medical records, is provided to support the victim’s claims.
If you have been arrested for allegations of domestic violence, you have the right to silence. This means that the Police cannot force you to answer their questions. However, when deciding whether to exercise your rights, you should seek legal advice first.
Regardless of whether you intend to plead guilty or not guilty, seeking early advice from an experienced criminal lawyer means you can be on the front foot. Often, clients are surprised by options available to them that they might otherwise be unaware of. For the best chance of having more options, seek advice at the earliest possible time, as some actions take time to achieve.
Our clients receive comprehensive, practical legal advice that’s easy to understand, as we are committed to demystifying the law and the process they will go through.
If you have a Hearing or EAGP (Early Appropriate Guilty Plea) process coming up, reach out early to seek advice and representation.
Our lawyers represent clients for ADVO’s and Domestic Violence Charges in these Courts across Greater Sydney:
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
Looking for information about bail, sentencing or facing additional charges? Click on the relevant topics to be taken to that page.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
Here are some of the articles our criminal lawyers have written to help you learn more about this process in New South Wales.
DOMESTIC VIOLENCE DEFENCE LAWYERS SYDNEY
Seeking early legal advice can improve your outcomes. Learn more by speaking to our team. For urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
