Domestic Violence Charges NSW: Bail Rules, Penalties, Defences, And Court Process

Domestic Violence Charges NSW

In New South Wales, a domestic violence offence is not a single, stand-alone crime. It is a label applied when certain offences such as assault, stalking, intimidation, property damage or sexual offences, are committed against someone in a domestic relationship, as defined in the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

Understanding the specific charge early is critical. It affects bail, whether your matter stays in the Local Court or goes to a higher court, the available defences and the likely sentencing range. Courts apply special domestic violence sentencing principles drawn from the NSW Sentencing Bench Book, which stress deterrence, denunciation and victim safety. Getting early legal advice helps you understand the exact allegation, your conditions, the evidence police say they have, and what can realistically be done to defend or reduce the charge.

What Is Domestic Violence?

Under NSW law, domestic and family violence covers more than physical assaults. The Crimes (Domestic and Personal Violence) Act 2007 defines a “domestic violence offence” as certain personal violence offences committed within a domestic relationship, and separately recognises “domestic abuse”, intimidation and stalking.

Government guidance explains that domestic and family violence can include controlling behaviour, physical violence, sexual assault, emotional abuse, stalking, technology-facilitated abuse and financial abuse. Many people wrongly assume only serious physical injury counts. In reality, a pattern of threats, surveillance, coercive control or economic control can fall within the legal concept of domestic violence, even if there has never been a visible bruise.

What Qualifies As Domestic Violence In NSW?

Behaviours that can qualify as domestic violence include

• assaults,
• threats,
• choking or strangulation,
• stalking,
• damaging property,
• repeatedly calling or messaging,
• humiliating or degrading conduct,
• and sexual offences within a relationship.

If those acts are directed toward someone with whom you have or had a domestic relationship such as a partner, former partner, relative or household member, they may be treated as domestic violence offences.

The law and policing practice also recognise patterns of coercive control. This can involve isolating a partner from friends or family, monitoring phones, controlling all money, or using threats to maintain power. Police and courts often look at the whole pattern over time when deciding whether the statutory definition is met, not just a single incident, and they may use that pattern when deciding whether to seek or continue an Apprehended Domestic Violence Order (ADVO).

What Are The Penalties For Domestic Violence Offences In NSW?

Penalties depend on the underlying offence. For example, common assault under the Crimes Act 1900 (NSW) carries a maximum of 2 years imprisonment, while more serious assaults causing actual bodily harm or grievous bodily harm can carry maximum penalties of 5, 10 or 25 years depending on the section charged. Murder of an intimate partner now attracts a standard non-parole period of 25 years following recent reforms.

Breaching an ADVO is its own criminal offence, with a basic maximum of 2 years, and new aggravated breach offences introduced in 2025 allowing maximum penalties of 3 years for intentional harm or fear, and 5 years for persistent breaches within a short period. Sentencing in domestic violence matters is guided by specific bench book principles emphasising protection of the community and victim-survivors, so the same assault may be treated more seriously in a domestic context than in a stranger context.

What Is The Minimum Punishment For Domestic Violence?

There is no single fixed minimum punishment for all domestic violence offences in NSW. Outcomes range from non-conviction orders, conditional release orders and fines, through to intensive correction orders or full-time imprisonment, depending on the charge, the facts, the risk to the victim and the person’s record. Sentencing must still follow general principles of proportionality and individualised justice.

Non-conviction outcomes, such as a section 10 dismissal or conditional release order without conviction, are more likely at the very low end of seriousness and are increasingly rare for domestic violence. For many offences, especially where there is injury, choking, weapons or repeat breaches, courts are directed by the Bench Book to place particular weight on deterrence and community protection, which makes lenient outcomes harder to secure.

How Hard Is It To Get DV Charges Dismissed In NSW?

It is difficult, but not impossible, to have domestic violence charges dismissed. NSW Police and the prosecution are under strong policy pressure to continue with proceedings even when the complainant asks to “drop charges”, because domestic violence is recognised as a serious social problem and victim-survivors can be pressured to withdraw.

Dismissal usually requires either a successful defended hearing, where the court is not satisfied beyond reasonable doubt, or a decision by police or the prosecution that there is no reasonable prospect of conviction or it is not in the public interest to proceed.

An experienced domestic violence defence lawyer can scrutinise the brief, identify weaknesses in the evidence, challenge unlawfully obtained material and make detailed representations seeking withdrawal, downgrade or dismissal wherever the law allows.

Why Do Some Domestic Violence Cases Get Dismissed?

Cases are often withdrawn or dismissed where there is insufficient evidence to reach the criminal standard. This might occur if there are major inconsistencies in statements, credibility issues that cannot be repaired, no supporting forensic or medical evidence where it is expected, or key witnesses who are unavailable despite reasonable efforts.

Other reasons include serious procedural problems such as unlawful searches, breaches of evidence rules, or clear self-defence or accident scenarios that cannot be disproved. Occasionally, material such as phone records or messages undermines the original allegation. In each situation, the court is applying the same test: if the prosecution cannot prove the elements of the offence beyond reasonable doubt, the charge must be dismissed.

Do First-Time Domestic Violence Offenders Go To Jail Under New Laws?

Recent NSW domestic violence reforms have clearly shifted expectations. The government has strengthened bail laws for serious domestic violence offences, increased penalties for ADVO breaches and introduced a 25-year standard non-parole period for intimate partner murder. Courts are being told, in effect, to take a tougher approach, and sentencing statistics show increasing use of custodial penalties for serious domestic violence, even for some first-time offenders.

That does not mean every first-time offender automatically goes to jail. Sentencing must still be individual, and lower-level offences at the very bottom of seriousness may be dealt with by community-based orders or, occasionally, non-conviction outcomes. However, for offending involving choking, significant injury, weapons, repeated breaches of orders or clear coercive control, courts now regularly impose full-time imprisonment, including where the offender has not been to prison before.

What Is An ADVO For First-Time Offenders?

An Apprehended Domestic Violence Order (ADVO) is a civil protection order designed to keep a person safe from further violence, threats or harassment in a domestic relationship. It usually requires the defendant not to assault, threaten, stalk, intimidate or damage property, and may include stricter conditions, such as no contact, not attending the home, or not approaching the protected person within a certain distance.

For first-time alleged offenders, an ADVO can be made even if there is no criminal conviction. Breaching any condition of an ADVO is a criminal offence, and under recent reforms, intentional or persistent breaches now attract higher maximum penalties. It is vital to understand and comply with every condition, because even a seemingly minor breach, such as sending a message, can lead to arrest and serious consequences.

Can You Get Bail In A Domestic Violence Case In NSW?

Bail is still possible in domestic violence matters, but the law has become significantly stricter. Under the Bail Act 2013 (NSW), certain serious domestic violence offences are listed as “show cause” offences, which means the accused must convince the court why detention is not justified. Recent reforms also push serious DV bail decisions to magistrates and introduce electronic monitoring in some cases.

Even where the show cause test does not apply, the court must refuse bail if there is an unacceptable risk that cannot be managed by conditions. Risks include further violence, interfering with witnesses, or failing to attend court. Strong legal representation at the first bail hearing is crucial, because unsuccessful bail applications can limit later options and leave a person in custody while the case proceeds.

How Is Bail Decided In Domestic Violence Cases?

Courts apply a two-stage approach. For show cause domestic violence offences, the accused must first show why their detention is not justified. If that threshold is passed, or if the offence is not show cause, the court then considers whether there is an unacceptable risk regarding community safety, the complainant’s safety, court attendance or interference with witnesses.

If bail is granted, conditions often include no contact or indirect contact with the complainant, not attending certain locations, reporting to police, obeying a curfew, residence requirements and sometimes electronic monitoring. Breaches of bail can lead to arrest, further charges, stricter conditions or revocation, and will be viewed poorly if the court later has to resentence or consider a new bail application.

Two-Stage Bail Decision Test In Domestic Violence Matters

Can A Spouse Drop Charges In A Domestic-Related Case?

In NSW, a complainant cannot personally “drop” criminal charges once police have laid them. Decisions about continuing or discontinuing a prosecution are made by NSW Police and, in more serious matters, by the Office of the Director of Public Prosecutions. The complainant’s views are considered, but they do not control the process.

Police may proceed even if a spouse or partner wants the case withdrawn, particularly if there is other supporting evidence such as photographs, medical records, body-worn video or witness statements. Conversely, if the evidence is very weak or there are major credibility problems, charges may be reviewed and, in some cases, withdrawn. Legal advice can assist both accused people and complainants to understand what is, and is not, realistically possible.

What Domestic Violence Support Services Exist In NSW?

There are multiple support services available for people affected by domestic and family violence in NSW. These include the NSW Domestic Violence Line which provides crisis counselling and referrals, the national 1800RESPECT service for sexual, domestic and family violence, and specialist organisations such as Full Stop Australia and Domestic Violence NSW, the peak body for services across the state.

Support services can assist with safety planning, emergency accommodation, financial support, legal information and referrals to counselling. Some programs such as the Leaving Violence Program, offer structured financial and practical support for people leaving violent partners. If you are in immediate danger, you should call 000. Legal information including ADVOs and criminal charges can also be obtained from Legal Aid NSW and community legal centres.