Domestic Violence Defence

What is Domestic Violence?

Domestic violence is an offence committed by a person against another with whom the person has or has had a domestic relationship with. Domestic violence offences encompass a broad range of conduct including the use or threats of violence or conduct intended to coerce or control another person or to cause that person to be intimidated or fearful. Domestic violence charges are accompanied by an application for an Apprehended Domestic Violence Order (ADVO), designed to protect the complainant from further domestic violence offences. 

Domestic violence includes offences and behaviours such as: 

– The use or threats of physical violence.

– Stalking.

– Conduct designed to coerce or intimidate another person.

– Sexual assault.

– Damaging or threatening to damage property.

– Emotional, economic or psychological actions or threats of actions which influences or exerts control over another person.

– Conduct amounting to harassment or molestation of another person.

– The use of unlawful or excessive physical force when disciplining children.

– Cyberbullying and other related conduct involving communications over the internet and/or social media.

– Telephoning, text messaging or using other forms of communication to cause fear, menace, harass or offend another person.

– Breaching an Apprehended Domestic Violence Order.

– A pattern of conduct of violence towards another person.

Unfortunately, domestic violence is a widespread issue affecting persons of any race, age, sexual orientation, religion, or gender in a variety of different relationships including couples who are married, living together or dating as well as broader family relationships. 

What is a Domestic Relationship?

The definition of a domestic relationship is very broad and includes: 

– Being, or having been married.

– Being, or having been in a de facto relationship.

– Being in or having been in a sexual relationship.

– Living, or having lived together in the same household, such as a house or flatmate.

– Living or having lived as a long-term resident in the same residential facility.

– Having or having had a relationship involving the dependence on the ongoing paid or unpaid care of another person.

– Being a relative of the other person, such as parents, siblings, uncle, aunty, grandparents and so forth.

– In the case of an Aboriginal person or Torres Strait Islander, being or having been part of an extended family or kin of another person according to the Indigenous kinship system of the person’s culture.

What are the Penalties for Domestic Violence Offences?

Domestic Violence offences are prevalent and serious offences in Australia. Maximum penalties for domestic violence offences vary depending on their seriousness with lengthy prison sentences being available to courts. 

What Defences are Available to Domestic Violence Offences?

Several defences can be used against a domestic violence charge, depending on the circumstances of the case. Engaging an expert domestic violence lawyer in Sydney, will help in not only identifying potential defences to a domestic violence charge, such as self-defence, but will also help to develop strategies to help you defend a domestic violence charge.  

Why Choose Australian Lawyers and Advocates?

If you are facing a Domestic Violence charge, our expert criminal and domestic violence lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.  

Our team of expert Domestic Violence Lawyers in Sydney have a proven track record of securing successful outcomes for our clients in domestic violence matters. Our results speak for themselves. 

 If you require expert representation in a domestic violence offence, don’t delay. Contact our professional domestic violence lawyers in Sydney today.