Domestic Violence Lawyers Sydney

Our Sydney domestic violence lawyers have years of experience dealing with situations where a person is either accused of, or has been a victim of domestic violence.

Family relationships can be complex and challenging. Often emotions are high, particularly when children are involved. Getting the best representation in a domestic violence case is crucial to securing the best outcome for you and your family. 

Astor Legal: Experienced Domestic Violence Lawyers in Sydney and Parramatta

Our team has been rated amongst the leading domestic violence lawyers in Sydney and Parramatta, which is reflected by:

• Our team being led by Avinash Singh, a Law Society-accredited specialist in criminal law – placing us in the top 6% of criminal lawyers
• Our proven track record of having domestic violence charges dropped, dismissed, and ensuring no conviction is recorded
• Over 100 genuine client reviews and numerous prestigious awards

Contact us online or call us on (02) 7804 2823 to speak to our friendly team who are available 24/7.

How we Defend Domestic Violence Cases

Astor Legal are experts in criminal defence for domestic violence cases. Let us walk you through the process of a domestic violence case. 

We can help you through a domestic violence charge by:

1. negotiating with police by writing legal representations to police for them to withdraw the charge; or
2. the case proceeding to a final hearing where evidence is heard, witnesses are cross-examined and the court is persuaded that you are not guilty.

We have a high rate of getting domestic violence charges dropped using our unique strategies. Contact us on (02) 7804 2823 or online. We can arrange a conference with a specialist domestic violence lawyer will be able to set out a plan of how to defend your case and have the matter dismissed in the shortest time possible.

If you are found not guilty or the case is withdrawn, you may be able to apply for your legal costs to be paid by the prosecution.

Steps in a Domestic Violence Case 

Here are the elements involved in defending your case if you choose to plead guilty. 

Burden of Proof: The prosecution must prove beyond a reasonable doubt the elements of the offence and that you were in a domestic relationship with the complainant at the time of the incident.

Mini Brief of Evidence: At the first court appearance, you will receive a mini-brief of evidence, including:

• The alleged victim’s statement (DVEC)
• Photographs of any injuries

Plea of Guilty or Not Guilty: If you plead guilty, the police will tender a Fact Sheet to the Magistrate. It’s important to review the Fact Sheet and discuss any disagreements with your lawyer. Negotiations may occur to amend the facts to reflect your version of events.

Further Evidence: Later, witness statements, police statements, and medical records will be served, at least 14 days before the final hearing date.

Hearing date: At the hearing date your lawyer will cross-examine witnesses, call evidence in support of your defence, object to evidence that is inadmissible and harms your defence and make submissions as to why you should be found not guilty and the charge dismissed.

• Sentencing: If you intend on pleading guilty, tr the prosecution proves guilt beyond a reasonable doubt, the matter will proceed to sentencing.
• Subjective Material: The court will also receive any subjective material, such as:
• Psychologist reports
• Character references
• An apology letter

• Advocacy: Your lawyer will advocate on your behalf, explaining mitigating factors like personal circumstances, mental health, or substance issues, and how a conviction may affect your career.

Defences for Domestic Violence

The following defences to domestic violence offences apply:

• Self Defence: Self-defence allows a person to be found ‘not guilty’ of an offence if their actions were committed to protect themselves or another person. Self-defence is most often used to defend domestic violence assault charges. Once an accused raises self-defence, the prosecution must prove beyond reasonable doubt that they were not acting in self-defence.
• Duress: Duress is a legal concept which refers to a person being forced into committing a crime against their will.
• Necessity: Necessity can be used where a crime to escape an immediate threat. Once you have raised necessity, the prosecution must prove beyond reasonable doubt that one (or more) of the above points has not been established.
• Automatism: Automatism is a legal defence based on an accused person’s actions being involuntary. There is a general presumption that an accused person’s actions are voluntary. In order to establish the defence of automatism, an accused must prove that there was a reasonable possibility that their actions were not voluntary.
• Mental Illness defence: A mental illness defence requires an accused person to prove on the balance of probabilities (i.e. greater than 50%) that at the time of the offending, you could not appreciate the moral wrongfulness of your actions.

Call us today on (02) 7804 2823 or email us at info@astorlegal.com.au to speak to our specialist domestic violence lawyers in Sydney.

Penalties for Domestic Violence

The penalty for a domestic violence offence can range from a fine to a term of imprisonment. The type of penalty given will depend on the severity of the charge and the particular circumstances of the case.

Whether or not a person receives a conviction for a domestic violence offence will depend on how the case is presented before a Judge or Magistrate. These charges are set out in both the Crimes Act 1900 (NSW) and the Crimes (Domestic and Personal Violence) Act 2007.

If a person is convicted of domestic violence offences, then an Apprehended Domestic Violence Order (ADVO) will also be made against them. It is important to note that an ADVO is not a criminal conviction and does not leave a criminal record. If a person does not comply with the conditions of the order, then they may be charged with breach AVO. A conviction for this will result in a criminal record.

Reviews and Recent Domestic Violence Cases

See the bottom of this page for an assortment of our recent domestic violence cases and client reviews. If you want to see all of our reviews you can view them here. If you want to see all of our domestic violence cases, you can view them here.

What is Domestic Violence?

Domestic violence is defined as any offence committed by a person against a member of the family with whom the person shares or has shared a domestic relationship. This is contained in the Crimes (Personal and Domestic Violence) Act 2007.

It is also referred to in the Family Law Act 1975 where it is defined as a person threatening, acting violent, or engaging in any behaviour of similar nature against a member of the person’s family and thereby causing the family member to be fearful.

What is a domestic relationship? 

A domestic relationship includes:

• Family members (including children) even if they don’t live with the offender
• Wives, ex-wives, husbands, ex-husbands, partners, ex-partners
• Ex-partner’s new partner
• For Aboriginal or Torres Strait Islanders – Any person who is part of the extended family or a kin according to the indigenous kinship system of the person’s culture

Types of Domestic Violence

The most common types of domestic violence are:

• Common Assault: The maximum penalty is 2 years imprisonment.
  
• Assault Occasioning Actual Bodily Harm: The maximum penalty is 5 years imprisonment, with a 2-year limit in the Local Court.
  
• Reckless Wounding: This carries a maximum penalty of 10 years imprisonment, which increases to 14 years if committed with another person.
  
• Stalk and Intimidate: The maximum penalty is 5 years imprisonment, but in the Local Court, it’s limited to 2 years or a $5,500 fine. The prosecution must prove the intent to cause harm.
  
• Malicious Damage to Property: Penalties depend on the property’s value. If damaged property exceeds $5,000, the maximum penalty is 24 months imprisonment and/or an $11,000 fine. For property valued under $5,000, the penalty is 12 months imprisonment and/or a $5,500 fine. If under $2,000, the penalty is a $2,200 fine.

The type of charge laid depends on the alleged conduct. Domestic violence offences can occur without physical force if the victim feels threatened, with reasonable grounds for that fear.

What is Family Violence?

Family violence is any violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful pursuant to Section 4AB (1) of the Family Law Act 1975.

In 2011, the definition of family violence set out in the Family Law Act 1975 was amended to include coercion and control. The definition of abuse was also amended to include the phrase, “serious psychological harm”.

Victims of Domestic Violence

If you are a victim of domestic violence, there are many community organisations and support services you can turn to for help. Call the domestic violence helpline at 1800RESPECT if you are in need of help, or alternatively refer to the NSW Domestic Violence Services Directory.

We take cases of domestic violence very seriously at Astor Legal, and are prepared to provide legal support to victims of domestic violence to help them get through the stressful process of court. 

How to Prove a Domestic Violence Case

You can prove a domestic violence case by establishing each element of a domestic violence charge and rebutting any defences.

These elements must be proved beyond reasonable doubt, usually by police. Each type of domestic violence charge will have different elements which must be proven before a person can be found guilty. Our team has years of experience in dealing with these matters. Contact us now on (02) 7804 2823 or online to discuss how we can assist you.

Get Expert Advice and Representation with Astor Legal

When dealing with domestic violence charges, getting the best legal representation is paramount in securing the right outcome for your case. Put your trust in Astor Legal, led by Avinash Singh. As one of Australia’s top criminal lawyers and an Accredited Specialist, we have successfully defended many domestic violence cases and are experts in this area of the law.

With over ten years of experience and a track record of success, including representing elite sportspeople like Andrew Johns, Astor Legal who you want fighting for you. Contact Astor Legal today for expert AVO defence.

Frequently Asked Questions

When do domestic violence cases get dismissed? 

Domestic violence cases may be dismissed if the alleged victim doesn’t cooperate, there is insufficient evidence, or the victim has made false allegations in the past.

How much does a domestic violence defence lawyer cost?

The starting rate for a domestic violence lawyer is $2200 (including GST). The cost may increase depending on factors such as the court location, number of court dates, and whether you plead guilty or not. At Astor legal we are completely transparent with our fees. 

What is the penalty for a first time domestic violence charge?

A first-time domestic violence charge carries a maximum penalty of 2 years imprisonment in the Local Court, but offenders with no prior record are more likely to receive a Section 10 dismissal. Despite this, many first-time offenders are still convicted, highlighting the importance of contacting an experienced criminal lawyer to improve your chances of a favorable outcome.

Do you need a lawyer for domestic violence charges? 

If you are the victim in a domestic violence case, you do not need to have your own lawyer – the police will help you along the process if you need to give evidence at court. If you are the defendant, it is highly advisable to get a criminal defence lawyer to get the best outcome. 

How are domestic violence charges investigated?

NSW Police now use ‘Domestic Violence Evidence Kits’ (DVEC), which include video cameras, digital cameras, and voice recorders to document statements from alleged victims. These recorded statements can be used as evidence in court, often providing compelling support for the case. The alleged victim will still need to attend court.

Can a victim in a domestic violence case contact the defendant?

A victim of domestic violence can contact the defendant. However, the defendant may not be able to respond if they are subject to an AVO or strict bail conditions. Because of this, if you are a victim of domestic violence, you should speak to an experienced family violence lawyer before contacting the defendant.

What are the domestic violence statistics in Australia?

The latest release by the Australian Bureau of statistics on partner violence found that 17% of Australian women and 5.5% of men have experienced partner violence, and 13% of women and 14% of men have experienced partner emotional abuse.