Domestic Violence
Defence representation for domestic violence matters and Apprehended Domestic Violence Orders (AVOs) under the Crimes (Domestic and Personal Violence) Act 2007.
Domestic Violence and Apprehended Domestic Violence Orders
The legislation that regulates domestic violence in New South Wales is the Crimes (Domestic and Personal Violence) Act 2007.
What is Domestic Violence?
This Act does not provide a specific definition of “domestic violence”. The law in Australia however considers domestic violence as one person dominating or controlling another in a family-like or domestic relationship. This type of violence can include physical, sexual, psychological, economic and emotional abuse that occurs within a domestic relationship.
What is a Domestic Relationship?
A “domestic relationship” is defined broadly in section 5 of the Act. A person has a domestic relationship with another if the person:
- is or has been married to the other person; or
- is or has been the de facto partner of that other person; or
- has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature; or
- is living or has lived in the same household as the other person; or
- is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre or detention centre); or
- has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (not including a relationship between a person with a disability and a paid carer); or
- is or has been a relative of the other person; or
- in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the indigenous kinship system of the person’s culture.
Apprehended Domestic Violence Orders
A court can make an Apprehended Domestic Violence Order (AVO) where a person has reasonable grounds to fear, and in fact fears, the commission of a personal violence offence against them by the defendant. The order imposes conditions designed to protect the person in need of protection.
If you are the subject of an AVO application — whether by police or a private applicant — speak with a lawyer before consenting to or contesting the order. The conditions can have lasting consequences for employment, family arrangements and firearms licences.
We act for defendants in AVO proceedings across all NSW Local Courts.
