Domestic Violence
What is Domestic Violence?
It is important to note that there are various offences that fall under the umbrella of the ‘Domestic Violence’ legislation. These include offences of assault, which have been touched on in greater detail throughout the site. A Domestic Violence offence includes any offence alleged to have been committed towards:
- Someone you are or have been married to;
- A current or previous de facto partner;
- A person you have or used to have an intimate personal relationship with (whether or not it was sexual in nature);
- Someone who is living or has lived in the same household as you;
- A person who is living or has lived as a long-term resident in the same residential facility as you;
- Someone who has or has had a relationship with you that involved dependence on the ongoing paid or unpaid care of yourself or the other;
- A relative;
- In the case of an aboriginal or Torres Strait Islander person, is or has been part of the extended family or kin of the other person according to the indigenous kinship system of the person’s culture.
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Our criminal defence firm has extensive experience in representing clients charged with Domestic Violence.
When to reach out to a criminal defence lawyer
Our passionate criminal lawyers have experience in these cases and have been successful in securing favourable outcomes for our clients.
We are available 24/7 to discuss your case in more detail.
Or contact us at (02) 8067 8361
FAQ
How can I be found Guilty of Stalking or Intimidating?
The prosecution must prove beyond reasonable doubt the following elements:
- You stalked or intimidated another person; and
- You did so with the intention of causing that person to fear physical or mental harm.
What conduct is considered as ‘Intimidation’?
- Conduct amounting to harassment or molestation of a person (including cyber bullying)
- An approach made to a person that causes them to cause fear for his or her safety (including via telephone, texting, emailing or other);
- Conduct that causes a reasonable apprehension of injury, violence, damage to property or harm to an animal;
- Conduct amounting to the coercion or deception of, or a threat to, a child to enter into a forces marriage.
Can I defend a Stalk/Intimidate offence?
Yes, some available defences are:
- False accusations were made against you;
- The acts alleged do not amount to stalking or intimidation;
- You had no intention to cause the person to fear physical or mental harm.
What if the damaged property is shared with another person?
You can be found guilty of damaging or destroying property if it is shared with another person. The common example of this is where the item belongs to you and your partner in your shared home. It is not an offence to damage property that is solely your own.
Can I defend a Destroy/Damage Property offence?
Yes, some available defences are:
- False accusations were made against you;
- You didn’t destroy or damage the property;
- The property belongs to you solely (and not the other person).
What conduct is considered ‘Stalking’?
- The following another person about;
- Watching or frequenting the vicinity of, or an approach to, a person’s home, business or work or any place that person frequents for the purpose of any social or leisure activity;
- Contacting or approaching a person via the internet or other technological assisted means.
What is the maximum penalty for ‘Stalking/Intimidating another’?
The maximum penalty of this offence is 5 years imprisonment and/or a $5,500 fine.
It is important to remember that maximum penalties are a guide, and are reserved for the most serious of offenders
How can I be found Guilty of Stalking or Intimidating?
For the offence to be proven against you, the prosecution must prove beyond reasonable doubt the following elements:
- You damaged or destroyed property;
- That property belongs to another person (including shared property);
- You did so intentionally or recklessly.
What is the maximum penalty for ‘Damaging/Destroying Property’?
The maximum penalty of this offence is 5 years imprisonment.
Is there any benefit to Pleading Guilty?
It is important to know that, when you enter a Plea of Guilty to the offence at the earliest opportunity, the court will reduce your penalty by 25% on sentence.
It is important to speak to our team who specialise in domestic violence to receive tailored advice to your particular criminal matter.
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