Domestic violence is a legal term under NSW law that refers to certain behaviours between people in a domestic or intimate relationship that are violent, threatening, controlling, or abusive. Many people are charged without fully understanding what legally qualifies as domestic violence, and the consequences can be serious; even for the first-time allegations.

This article explains the legal definitions of domestic violence in NSW, outlines the types of behaviour that fall under it, and discusses why understanding this is crucial if you have been charged.

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How Is Domestic Violence Legally Defined in NSW?

In NSW, domestic violence is defined under the Crimes (Domestic and Personal Violence) Act 2007. This legislation encompasses a range of abusive behaviours occurring within a domestic relationship, which includes current or former spouses, de facto partners, family members, or individuals living in the same household.

Domestic violence offences are not limited to physical harm. They also cover:

• Physical Violence: Acts causing bodily harm;
• Threats and intimidation: Behaviours intended to instill fear;
• Coercion and control: Actions that manipulate or dominate the victim;
• Emotional and psychological abuse: Behaviours that harm mental well-being;
• Financial abuse; Controlling or restricting access to financial resources.

It is also important to note that from 1 July 2024, coercive control became a criminal offence in NSW. This refers to patterns of abusive behaviour aimed at controlling or dominating a current or former intimate partner, even in the absence of physical violence.

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What Types of Behaviour Are Considered Domestic Violence?

Physical Abuse

Physical abuse involves direct physical harm or contact, such as hitting, slapping, punching, kicking, restraining, or pushing another person. It may also include throwing objects, blocking someone’s exit, or using weapons.

In NSW, even a single incident of physical violence can be enough to trigger a domestic violence charge, particularly if it occurs within the context of a domestic relationship. Police are required to take these allegations seriously, and courts may impose Apprehended Domestic Violence Orders (ADVOs) or criminal charges based on the evidence.

Verbal and Emotional Abuse

Verbal and emotional abuse includes name-calling, yelling, manipulation, intimidation, constant criticism, and threats of harm. This behaviour is often designed to humiliate, degrade, or control the other person.

Though it may not leave physical marks, emotional abuse is recognised under NSW law as a form of domestic violence, particularly when it overlaps with coercive control; a pattern of behaviour that limits a person’s freedom, autonomy, or sense of safety in the relationship.

Financial Abuse

Financial abuse involves using money or financial access as a means of control. This can include:

• Withholding money;
• Preventing access to joint accounts;
• Controlling how a partner spends their income;
• Refusing to contribute to shared expenses.

Financial abuse is often subtle and misunderstood, but it can severely restrict a person’s independence and ability to leave a harmful relationship. NSW courts recognise it as a serious form of domestic abuse, especially when combined with other forms of control or intimidation.

Psychological Abuse and Coercive Control

Psychological abuse refers to conduct that causes mental or emotional harm, including gaslighting threats, harassment, and isolation. A key form of this abuse is coercive control; a pattern of behaviour aimed at dominating and isolating the victim. This may include:

• Monitoring movements;
• Controlling communication or friendships;
• Preventing access to healthcare or support;
• Constant surveillance or checking-in.

From 1 July 2024, coercive control has become a criminal offence in NSW under the Crimes Legislation Amendment (Coercive Control) Act 2022. Courts now take these behaviours extremely seriously; even in the absence of physical violence.

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What Is a Domestic Relationship Under NSW Law?

Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a ‘domestic relationship’ is broadly defined and includes a wide range of personal connections. It goes beyond romantic partnerships and captures any relationship where there is an expectation of trust, care, or cohabitation.

You are considered to be in a domestic relationship with:

• A current or former spouse or de facto partner;
• A boyfriend or girlfriend, including casual or dating relationships;
• A family member, such as a parent, sibling, or child;
• A carer or guardian;
• A housemate or person living in the same household regardless of intimacy.

It is also important to note that NSW law applies even after a relationship has ended. This means that allegations of domestic violence or AVOs can still arise long after separation or divorce.

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Does Domestic Violence Have to Be Physical?

No, domestic violence does not have to be physical. In NSW, the law recognises that abuse can take many forms, and non-physical behaviours can still amount to domestic violence.

People are often charged or made subject to an ADVO based on emotional abuse, threats, intimidation, stalking, or coercive control; even if there was no physical contact. Examples include:

• Repeatedly monitoring a partner’s location;
• Controlling access to money or communication;
• Making threats to harm a partner, themselves, or children;
• Isolating a person from friends and family.

From July 2024, coercive control is formally criminalised in NSW, making it a chargeable offence even without physical violence.

These types of conduct can trigger police intervention, the issuing of an Apprehended Domestic Violence Order (ADVO), and potential criminal prosecution.

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Real-World Examples of Domestic Violence Charges

Understanding how domestic violence charges arise in everyday situations can help you recognise the behaviours that may lead to police involvement; even when physical violence is not.

Example 1: Verbal Threats During an Argument

During a heated argument, one partner threatens to “ruin” the other’s life or take the children away. The other party contacts police, and the threatening words are enough to justify an ADVO and possible intimidation charges.

Example 2: Financial Control

A person restricts their partner’s access to joint bank accounts, refuses to provide money for essentials, and monitors every transaction. Over time, this is reported as financial abuse, resulting in an ADVO and court proceedings.

Example 3 – Unwanted Contact

After a breakup, one person sends repeated text messages, turns up at the other’s home uninvited, and refuses to stop. This behaviour is seen as harassment and may lead to stalking or intimidation charges

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Why Understanding the Legal Definition Matters If You’ve Been Charged

Many people charged with domestic violence offences are genuinely unaware that their behaviour may be considered unlawful. Acts like constant messaging, controlling spending, or making threats in frustration can result in serious legal consequences; even if there was no physical violence or malicious intent.

Under NSW law, domestic violence is assessed not just by what you meant, but by how your behaviour affected the other person. The focus is on whether your actions caused fear, distress, or control, not whether you intended harm.

This is why understanding the legal definition of domestic violence is critical to your defence. Knowing what conduct the law targets allows you and your lawyer to challenge the allegations properly, identify any misunderstandings, and present context the court may not otherwise consider.

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How Domestic Violence Charges Relate to ADVOs

When someone is charged with a domestic violence offence in NSW, police will often apply for an ADVO at the same time. While an ADVO is a civil order, it runs parallel to the criminal process and is designed to protect the alleged victim from further harm or contact.

ADVOs can include conditions like no contact, exclusion from the home, and restrictions around children. You can face an ADVO even without being convicted, and the court can still impose one as a preventative measure.

Importantly, breaching an ADVO is a criminal offence and can lead to arrest, further charges, and potential imprisonment; regardless of whether the original allegation is proven.

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What to Do If You’ve Been Accused of Domestic Violence

If you have been accused of domestic violence, it is essential to stay clam and take the allegation seriously, no matter how unfair or exaggerated it may seem. Reacting emotionally or trying to “explain your side” to the other person can make matters worse; especially if there are bail or ADVO conditions in place.

Do not breach any conditions, even accidently. Ignoring a no-contact order or returning to the family home without permission can result in further criminal charges, even if the original allegation is weak.

You should seek legal advice immediately. A criminal defence lawyer can assess your case, protect your rights, and help you avoid critical mistakes early in the process.

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Need Legal Advice? Contact Faraj Defence Lawyers

If you have been charged with domestic violence or are under police investigation, it’s critical to seek legal advice as early as possible. The steps you take now can significantly impact the direction of your case and your future.

At Faraj Defence Lawyers, we provide confidential, strategic legal advice tailoured to your circumstances. Whether you are facing criminal charges, an ADVO, or both, we’ll explain your options, protect your rights, and guide you through every stage of the legal process.

Contact Faraj Defence Lawyers today to arrange a confidential consultation.

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