Domestic Violence Lawyers Sydney (NSW)

Charged with a domestic violence (DV) offence or served with an ADVO? It can affect your liberty, work, family life and travel. Your Defence Advocates (YDA) moves quickly: we protect your rights, scrutinise the police brief, and map the best path—defend, negotiate a downgrade, or secure the most lenient outcome the law allows.

What is a “domestic violence offence” in NSW?

A DV offence is a personal violence offence (e.g., assault, intimidation, damage to property, choking) committed against someone with whom you have a domestic relationship (current/former partner, relative, household member, certain carers, and other relationships defined in law). DV is a label applied to many crimes—it’s not a single offence.

Examples of domestic relationships: married/de-facto/intimate partners (past or present), household members, certain carers, relatives; some extended kinship for First Nations people is also recognised.

What is a Apprehended Domestic Violence Order

An Apprehended Domestic Violence Order (ADVO) is a civil court order that sets conditions (e.g., no contact, no approach, exclusion from home). Breaching an ADVO is a separate criminal offence. Police can apply for provisional ADVOs for immediate protection, followed by interim and then final orders in court. There are two AVO types: ADVO (domestic relationship) and APVO (no domestic relationship).

Common DV related charges we defend

Common Assault

Unlawful touching or causing someone fear of immediate violence - no injury required

Assault occasioning actual bodily harm

An assault that causes injury that’s more than minor or momentary (e.g. bruises, cuts, swelling)

Stalk/Intimidate

Conduct that causes fear of physical or mental harm — can include repeated calls/messages, following, or tech-based tracking

Destroy or damage property

Intentionally or recklessly damaging property — including items owned jointly or used in the household

Sexual Assault

Any non-consensual sexual conduct within a domestic relationship; treated as very serious

Breach of an Apprehended Domestic Violence Order (ADVO)

Breaking the conditions of an Apprehended Domestic Violence Order (e.g. contacting, approaching, or attending the home when the order says you cannot)

Use a carriage service to menace, harass, offend or threaten (Commonwealth Offence)

Phone, text, email or social media communications that a reasonable person would view as menacing/harassing/offensive

FAQ's

What police must prove

Assault: that you applied force or caused immediate fear of unlawful violence—intentionally or recklessly, without consent.
Stalk/intimidate: that your conduct amounted to stalking or intimidation and you intended the person to fear physical/mental harm. (Texts, calls, tracking, repeated visits can count.)
Damage property: that you intentionally or recklessly destroyed/damaged another’s property (can include shared items).
Contravene ADVO: that you knew about the ADVO and breached a listed condition.

Defences to Domestic Violence Charges (NSW)

The right defence depends on the exact charge (assault, stalk/intimidate, property damage, breach ADVO) and the evidence. At Your Defence Advocates (YDA) we pressure-test every element, the “domestic relationship” label, and the police process to find the cleanest path to a defence, a downgrade, or a non-conviction outcome.

False allegation / credibility: Expose inconsistencies, motives, and missing independent proof.
Mistaken identity / didn’t happen: Weak or unreliable identification = charge should fail.
Self-defence (incl. others/property): Your response was a reasonable reaction in the moment.
No intent / no intimidation (s 13): Law requires intent to cause fear—annoyance or heated words may not qualify.
Accident / no assault: Assault needs intent or recklessness; accidents or trivial contact fall short.
Consent / lawful excuse (property): Ownership/permission can defeat damage allegations.
Not a “domestic relationship”: If the legal definition isn’t met, the DV label shouldn’t apply.
Reasonable excuse (ADVO breaches): No knowledge of the order/condition, or a valid excuse, can defeat the charge.
Proof gaps: If the Crown can’t prove every element beyond reasonable doubt, you’re entitled to acquittal.
Unlawful search / inadmissible evidence: Seek to exclude illegally obtained or unreliable material (e.g., BWV gaps, hearsay).

Penalties & sentencing in DV matters

NSW courts treat domestic violence (DV) offences very seriously. Recent reforms tightened sentencing so that, where a DV offence is proved, the court must start by considering custody or supervision.

Pursuant to Section 4A – Crimes (Sentencing Procedure) Act 1999

If you’re found guilty of a DV offence, the court must impose either:

Full-time detention, or
A supervised order (i.e. Conditional Release Order with or without conviction/Community Corrections Order, Intensive Corrections Order), unless the court explains why another option is more appropriate on your facts.

Section 4B – Victim safety comes first

Before making a supervised order the court must consider the safety of the protected person. A home-detention condition (as part of an Intensive CorrecO) cannot be made if the court reasonably believes you would live with the victim.

Sentencing outcomes the court can consider

Your result depends on the charge, the facts, your history, any ADVO issues, and rehabilitation steps. Outcomes include:

s 10(1)(a) Dismissal — Offence proved but no conviction recorded.
Conditional Release Order (CRO) — Court-ordered conditions, with or without conviction (e.g., good behaviour, treatment).
Fine — Monetary penalty (usually alongside a conviction).
Community Correction Order (CCO) — A supervised order with tailored conditions (e.g., community service, programs).
Intensive Correction Order (ICO) — A custodial sentence served in the community under strict supervision (curfew, electronic monitoring, no alcohol, programs).
Full-Time Imprisonment — Reserved for the most serious cases or where risk and deterrence require it.

Practical tip: Early, informed decisions (getting advice before interview, addressing alcohol/anger/mental-health factors, and demonstrating rehabilitation) can meaningfully influence whether the court chooses supervision over custody, or even a non-conviction outcome in suitable cases.

What’s an ADVO vs APVO?

ADVO: domestic relationship.

APVO: no domestic relationship (e.g., neighbours/co-workers). Breach of an AVO is a crime with max 2 years.

First steps if you’ve been charged

1. Get advice

Before any interview. Your words shape the brief.

2. Preserve helpful material:

Screenshots, texts, call logs, location data, CCTV/BWV, witness details.

3. Obey the ADVO and bail conditions

Even if the other person contacts you.

4. Let us review the brief early

We’ll identify weaknesses, push for withdrawal/downgrade, or prepare to defend at hearing.

Why YDA

Focused, fast, forensic. We pressure-test every element, manage ADVO risk, and negotiate hard — while preparing to win in court if needed. Our goal: protect your record and your future.

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