Domestic and family violence (DFV) allegations are treated with exceptional seriousness in NSW. Police will often lay charges quickly — sometimes on limited evidence — and once a charge is filed it can proceed even if the other party does not want it to continue.
If you have been charged, given a Court Attendance Notice, or told police want to speak with you about a domestic or family violence allegation, early legal advice is essential. These matters move fast, the consequences can be significant, and what you say or do in the first few days can materially affect the outcome.
At Lenz Legal, we act only for the accused. You are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt. Our role is to protect you, test the evidence, and ensure the court sees the full picture.
In NSW, many different criminal offences become “domestic violence offences” when they occur in the context of a domestic relationship — including partners, former partners, relatives, housemates, or people in a close personal relationship.
Common Assault – Domestic Violence
Choking, Suffocation or Strangulation
Stalk or Intimidate – Domestic Violence
Threaten or Cause Fear of Harm
Destroy or Damage Property – Domestic Violence
Child-Related Domestic Violence Offences
Some of these offences are DV-specific (such as coercive control and AVO breaches). Others are general criminal offences that become “DV offences” because of the relationship between the people involved.
Domestic and family violence allegations are taken extremely seriously by NSW Police and the courts. In practice this can mean:
This approach can result in charges being laid on the basis of incomplete, exaggerated or one-sided accounts. A key part of our job is to challenge the evidence and ensure the facts are tested properly.
Each offence has specific legal elements the prosecution must prove beyond reasonable doubt. Depending on the charge, this may include:
If the prosecution fails to prove every element, you must be found not guilty.
Each offence-specific page explains in detail what police must prove and the legal issues commonly raised.
See our guides:
Choking, Suffocation or Strangulation
Destroy or Damage Property – DV
Threaten or Cause Fear of Harm
We frequently see DV allegations arise from:
The law recognises that some complaints may be incomplete, exaggerated, or — in rare circumstances — entirely false. Careful analysis of source material such as 000 recordings, body-worn video, text messages, and witness accounts is critical.
Possible Defences and How Charges Can Be Resolved
Depending on the circumstances, your options may include:
Where the allegations are denied, inconsistent, unsupported, or a defence applies (such as self-defence, accident, or duress).
Negotiating with police or the prosecution
To withdraw charges, amend facts, or downgrade to a less serious offence.
Where the evidence is strong but the focus is on minimising penalty and correcting any inaccuracies in the police facts.
Such as a Conditional Release Order (CRO) without conviction in appropriate cases
The best strategy depends entirely on the facts, the available evidence, and the strength of the prosecution case.
Domestic and family violence offences carry significant maximum penalties. Outcomes can include:
However:
Our offence-specific guides explain sentencing expectations and real-world outcomes for each related charge.
Getting advice early can:
When you come to Lenz Legal about a domestic or family violence allegation, we will:
You will deal directly with a criminal defence lawyer who understands the pressures and stigma surrounding DV allegations and who is focused on protecting your future.
See our offence-specific guides for detailed legal information:
Stalk or Intimidate – Domestic Violence
Common Assault – Domestic Violence
Choking, Suffocation or Strangulation
Destroy or Damage Property – Domestic Violence
Threaten or Cause Fear of Harm
Child-Related Domestic Violence Offences
A domestic relationship can include spouses, de-facto partners, former partners, relatives, housemates, or people in a close personal relationship. Even short-term relationships may qualify.
No. DV charges are prosecuted by the State. While the complainant’s position is relevant, they do not control whether the matter proceeds.
Yes. You must comply with any AVO or ADVO while it is in force, even if the protected person invites contact. Breaching an AVO is a separate and often more serious offence.
Get legal advice before responding to police or attending court.
Contact Lenz Legal to speak with a criminal defence lawyer about your situation.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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