Being charged with a domestic violence offence in NSW can be stressful, especially when it comes to navigating bail. Bail is not automatically granted and is subject to strict tests, being charged with a Domestic Violence related offence can make your chances of getting bail tougher. This article serves as a practical guide for individuals facing domestic violence charges, helping you understand how bail works, the types of conditions that may be imposed, the consequences of breaching bail, and why legal advice is crucial.

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How Is Bail Decided in Domestic Violence Cases?

Bail Presumption and Why It’s Reversed

In domestic violence cases, the usual presumption in favour of bail may be reversed when the matter involves serious domestic violence related charges or repeat offending. Under the Bail Act 2013 (NSW), certain domestic violence charges fall under what’s known as the “show cause” test, meaning the applicant must justify why there is incarceration is not justified. Courts also take into account whether the person has a history of similar offences or breaches of previous bail or AVOs. The more serious the allegations or the more frequent the offending, the harder it becomes to secure bail.

Key Legal Tests Used by the Court

Courts apply two major tests when determining whether bail should be granted in Domestic Violence cases. Section 16B(c1) of the Bail Act 2013 (NSW) lists all serious domestic violence offences which fall under the “show cause” test. If your charge falls under this category, you must show the Court why your detention is unjustified.

The Court also assesses the applicant based on the “unacceptable risk” test, this involves assessing based on whether there is a risk of the applicant to; fail to appear on future Court dates, commit any serious offences, endanger the safety of victims, individuals, or the community, or interfere with witnesses or evidence. Factors like past breaches, access to the complainant, and substance abuse are common risks which can affect your chances of getting bail.

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Common Bail Conditions for Domestic Violence Offences

Standard Protective and Behavioural Conditions

Courts in New South Wales impose various bail conditions to safeguard alleged victims and prevent further incidents in domestic violence cases. Common conditions include:

• No contact with the complainant, directly or indirectly, including through third parties or social media.
• Exclusion zones, prohibiting the accused from entering specific locations such as the complainant's residence or workplace.
• Curfews or requirements to reside at a particular address.
• Abstinence from alcohol or drugs, unless prescribed by a medical practitioner.
• Regular reporting to a designated police station.

These conditions aim to mitigate risks and ensure the safety of all parties involved.

Electronic Monitoring Conditions

Under section 28B of the Bail Act 2013 (NSW), individuals accused of committing serious domestic violence offence in NSW are required to wear GPS-enabled ankle bracelets as a condition of bail. Electronic monitoring allows authorities to track the accused’s movements at all times, ensuring compliance with bail conditions. The implementation of this measure aims to protect victims of domestic violence offences and prevent further offences from the accused while they are on bail.

Can Bail Conditions Be Changed or Removed?

Yes, bail conditions can be varied or removed through a bail variation application to the Court. This involves filing an application which details the proposed changes and attending the variation hearing. On this occasion the Court will consider factors such as changes in circumstances or the necessity of the existing conditions when determining whether the proposed variation should be granted. Legal representation is crucial in this process to effectively present the case for variation and navigate the legal requirements.

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How Much Is Bail for Domestic Violence in NSW?

In New South Wales, there is no fixed monetary amount set for bail in domestic violence cases. Instead, bail decisions are primarily based on assessing the risk posed by the accused and determining appropriate conditions to mitigate that risk. While financial sureties can occasionally be of use, and are often an important condition which can significantly help your chances of getting bail, they are more often proposed in higher courts such as the Supreme Court.

Legal fees associated with applying for bail generally vary depending on the solicitor’s specific fees. Fees can also differ based on which Court the application is being heard at, the complexity and preparation involved, whether a psychological report is required, and, or whether counsel is to be briefed.

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What Happens If You Breach Bail?

Bail Breaches Are Treated as a Separate Offence

Whether the breach is minor or unintentional breach, like being late to report to police or accidentally contacting the complainant, this can lead to an arrest. In domestic violence cases, common breaches include attending prohibited areas, sending messages (even indirectly), or breaching curfews. Courts may revoke bail entirely if a breach is proven, making it much harder to be released again. Compliance with bail conditions is critical to avoid further legal consequences.

Responding to a Breach Allegation

If you are accused of breaching bail, it is essential to seek legal advice immediately. A lawyer can help assess whether the alleged breach occurred, whether it was intentional, and whether there are grounds to challenge the allegation. If bail is revoked, you can apply for bail again, though you must generally show a change in circumstances or that the previous decision was in error. Courts will also consider the seriousness of the breach and your previous compliance record. Quick legal action can improve your chances of remaining on bail or securing it again.

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Why You Need Legal Advice Early

Early legal advice is critical when facing domestic violence charges, especially in navigating the complex bail process. A criminal defence lawyer can strengthen your bail application by identifying and addressing potential risk factors, and preparing persuasive supporting material to submit to the Court. Lawyers play a key role in negotiating reasonable bail conditions that balance the court’s concerns with your personal circumstances.

If your conditions become unworkable, they can apply for bail variations on your behalf. Engaging a lawyer early can significantly improve your chances of securing bail, reducing the risk of spending unnecessary time in custody, and ensuring you avoid critical mistakes that could complicate your case down the line.

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Need Help with Bail in a Domestic Violence Case?

Being charged with a domestic violence offence does not automatically mean you’ll be refused bail. With the right legal support, many people are released on bail. At Faraj Defence Lawyers, our lawyers have extensive experience securing bail in domestic violence matters, including high-risk situations involving past breaches or serious allegations. We understand how to present a compelling case to the court and protect your rights from the start.

Whether you’ve just been charged or are preparing for a bail application or variation, our team can act fast to get you the best possible outcome. If you or a loved one needs urgent bail advice, contact Faraj Defence Lawyers for a free consultation today.

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