Domestic violence offences are extremely prevalent in New South Wales, with statistics revealing that the number of incidents occurring in the state continues to rise. In the domestic violence context, offences are prosecuted and sentenced with particular attention to the unique dynamics and impact on victims, and the criminal justice system prioritises the protection of family members and victims.

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Domestic Violence Offences in New South Wales

Domestic violence offences are extremely prevalent in New South Wales, with statistics revealing that the number of incidents occurring in the state continues to rise.

In the 12-month period to March 2023, there were 34,017 incidents of domestic violence-related assault, as reported by the NSW Bureau of Crime Statistics and Research.

Overall, there has been a 3% increase per year on average in the past five years.

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What is domestic violence?

For an offence to be classified as a ‘domestic violence’ offence, it must involve persons in a domestic relationship and be a ‘personal violence offence’. Acts of domestic violence are prosecuted as specific criminal offences, and criminal offences in this context are prioritised in the legal system to ensure victim protection and deterrence.

A personal violence offence refers to a wide range of conduct, including assault, common assault (which is a frequent criminal offence charged in domestic violence matters), sexual touching, choking, stalking, intimidating, destroying or damaging property, breaching an Apprehended Violence Order, sexual assault, and murder.

The conduct may also be an offence that arises substantially from the same circumstances as the personal violence offence, or an offence which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful.

Intimidation and stalking offences can involve causing fear of physical or mental harm, and mental harm is specifically recognised under the Crimes (Domestic and Personal Violence) Act 2007.

Domestic relationships are defined as relationships between those who:

• are or were married,
• are or were in a de facto relationship,
• who are in or have had an intimate relationship,
• are living or have lived in the same household,
• are living or have lived as long-term residents in the same residential facility,
• have or have had a relationship involving ongoing care (paid or unpaid) of the other person,
• are relatives.

In the case of an Aboriginal person or a Torres Strait Islander, domestic relationships will include their extended family or kin, with reference to the Indigenous kinship system of their culture.

A domestic relationship will exist between two people if they have both had a domestic relationship of a kind outlined with the same person.

For example, if you have an ex-partner and a current partner, they would be classified as having a domestic relationship, even if they have never met.

Domestic violence charges can arise from any of these relationships, and facing a domestic violence charge has significant legal implications, including the risk of criminal charges, court records, and the imposition of domestic violence orders or apprehended domestic violence orders.

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What is the court process?

Legal proceedings for domestic violence charges are handled with urgency and special procedures in the Local Court to ensure swift protection for victims and family members.

Domestic violence offences are treated differently in the Local Court, when compared to other offences, so that they can be finalised quickly.

The accused person is meant to be served with a ‘mini brief’ after being charged, with this to occur no later than the matter’s first court date.

A mini brief is to include the alleged facts, a copy of the complainant’s statement and any photographs on which the prosecution will rely.

The complainant’s statement will most often be in the form of a Domestic Violence Evidence in Chief (‘DVEC’), which is a video-recorded statement.

Police officers may still take a typed or notebook statement from the complainant. However, police procedures provide that there may be no need if a recorded statement has been taken.

The accused will be provided with an audio copy. However, they are unable to receive a copy of the video. This can only be served on their legal representative, who is able to show it to them.

These procedures are implemented because defendants accused of domestic violence will be asked to enter a plea the first time they appear in court, after viewing the evidence prior to this.

Court records are created for all domestic violence matters, and these records can have long-term legal implications, including the creation of a criminal record and impacts on future legal proceedings.

If the defendant is unable to enter a plea at the first court date, or they have not had a reasonable opportunity to view the recorded statement, local court procedures prescribe that the court will allow an adjournment of not more than 14 days for a plea to be entered.

If a plea of not guilty is entered, the matter will be adjourned to a defended hearing date. An order for the remainder of the evidence to be served not less than 14 days before the hearing will also be made.

During a hearing, domestic violence complainants may choose to give evidence from a place other than the courtroom by audiovisual link (essentially by video).

If a plea of guilty is entered, the matter will proceed to a sentence, and court sentencing in domestic violence matters is guided by the Crimes (Sentencing Procedure) Act and relevant sentencing procedure, with the court considering the need to protect victims and the community.

If the defendant is unable to enter a plea at the first court date, or they have not had a reasonable opportunity to view the recorded statement, local court procedures prescribe that the court will allow an adjournment of not more than 14 days for a plea to be entered. If the matter proceeds to a contested hearing, both parties will present evidence and legal arguments before the court.

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Sentencing for Domestic Violence Offenders

The range of sentencing options for domestic violence offenders includes conditional release orders, intensive correction orders, intensive corrections orders, and other supervised orders. The court must be satisfied that victims and other affected persons will be adequately protected before imposing such orders. Sentencing procedure is governed by the Crimes (Sentencing Procedure) Act, and the court will consider whether a supervised order or full-time detention is appropriate, with an emphasis on victim safety and legal compliance.

Less serious offences may result in non-custodial sentences, such as community correction orders or fines, while more serious offences, such as those involving actual bodily harm or aggravating factors, can lead to a jail sentence and a criminal record.

The court considers the objective seriousness of the offence, the offender's criminal history, and any aggravating factors when determining the appropriate sentence.

The maximum penalty for domestic violence offences depends on the specific criminal charges, and a serious offence may require the court to issue an apprehended domestic violence order or other violence orders to protect the victim.

Breaches of domestic violence orders, apprehended domestic violence orders, or violence orders are treated as criminal offences and can result in further legal challenges and penalties.

Domestic violence matters are a priority for the criminal justice system, and the law aims to protect family members and victims from further harm.

It is important to seek legal advice and attend court as required, as failing to do so can have serious legal consequences.

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Legal challenges in domestic violence cases can be complex, and it is important to understand the legal implications of court records, criminal charges, and sentencing outcomes.

Domestic and personal violence is addressed under criminal law, and the criminal justice system is designed to ensure appropriate punishment, deterrence, and protection for victims.

Domestic abuse is a key element in defining domestic violence offences and is considered in court proceedings and protective orders.

If you need further information or legal assistance, contact our team of criminal defence lawyers for a free consultation.

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