Domestic Violence offences make up a large portion of the matters that are heard within NSW courts, the large majority of these are the offences of: Assault (common assault and assault occasioning actual bodily harm), Stalk/Intimidation and Destroy/ Damage Property.

These offences can also be committed outside of the ‘Domestic Violence’ umbrella however a large portion of these offences occur within it.

Common Assault is contained within Section 61 of the Crimes Act 1900, occurs where a person acts or omits to act in a way that has intentionally or recklessly caused another person to apprehend immediate and unlawful violence (this can be physical and no physical), the act or omission was done without consent or lawful excuse.

The maximum penalty for common Assault is 2 years imprisonment and a fine of $5500.

Assault occasioning Actual bodily harm is contained within section 59 of the Crimes Act 1900, occurs where person assaults someone and in doing do occasions actual bodily harm to victim.

Actual bodily harm needs to be more than transient or trifling.

The maximum penalty for Assault occasioning Actual bodily harm is 5 years imprisonment.

The offence of Stalking/Intimidation is contained in Section 13 of the Crimes (Domestic and Personal Violence) Act 2007, occurs when a person stalks or intimidates a person and does so with theintentionof causing the other person fear of physical or mental harm. 

The maximum penalty for an offence of Stalking/Intimidation is 5 years imprisonment and/or a fine of $5500. 

The offence of Destroy/Damage Property is contained in Section 195 of the Crimes Act 1900, occurs when a person destroys/damages property, that belongs to another person and there was a intention to cause the damage/destruction to the property or there was recklessness as to whether their actions would cause the destruction/damage of the property. 

The maximum penalty for an offence of Destroy/Damage property is 5 years imprisonment, if the destruction or damage was caused by means of fire or explosives the maximum penalty increases to 10-years imprisonment. 

It is important you get in touch with a lawyer as soon as possible if charged with a Domestic Violence offence to ensure you achieve the best possible outcome; we have appeared at countless domestic violence matters throughout the state and have successfully had criminal charges dismissed. 

If you have been charged with a domestic violence offence, contact our team to schedule your free consultation.