Domestic and family violence (DFV) allegations are treated with exceptional seriousness in NSW. Police will often lay a common assault charge quickly — sometimes on limited evidence — and once the charge is filed, the matter can proceed even if the complainant does not want it to continue.
If you have been charged with common assault in a domestic violence context, or told that police are investigating an incident at home, you should get legal advice immediately. What you say or do in the early stages can significantly affect the outcome.
Common assault can be charged alongside, or instead of, other DV offences such as Choking or Strangulation or Stalk or Intimidate (Domestic Violence).
At Lenz Legal we act only for the accused. We approach these matters on the basis that you are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt.
Common assault is defined under section 61 of the Crimes Act 1900 (NSW) and covers a wide range of conduct — including situations where no physical contact occurs. An assault can be:
When the allegation arises between people in a domestic relationship, the charge becomes a domestic violence offence, triggering:
Common assault can be charged alongside, or instead of, other DV offences such as Choking or Strangulation or Stalk or Intimidate (Domestic Violence).
To secure a conviction for common assault (DV), the prosecution must prove each of the following elements beyond reasonable doubt:
This may involve:
Importantly, the law does not require injury, pain or lasting harm.
Identity must be proven with reliable evidence — not assumption, inference or one person’s version.
This can include partners, former partners, family members, household members or people in close personal relationships.
The prosecution must show you intended the act or were reckless as to its consequences.
Accidental contact does not amount to assault.
If even one element is not proven, you must be found not guilty.
We regularly see common assault DV charges come from:
Police may charge based on incomplete or inconsistent accounts, particularly where they feel pressure to “err on the side of caution”.
A central part of our defence work is ensuring the court sees the full evidence — including 000 calls, body-worn video, text messages, photographs, and witness accounts.
Depending on the circumstances, defences may include:
If you acted to protect yourself, your children, or another person, and your response was reasonable.
Unintentional or accidental contact does not constitute assault.
If you were forced to act under threats or coercion.
Where the allegation did not occur, the evidence is inconsistent, or the complainant's account cannot be relied upon.
Where the conduct did not meet the threshold for assault.
Depending on the evidence, it may also be possible to negotiate withdrawal, downgrading, or amendment of facts with the prosecution.
Common assault carries a maximum penalty of 2 years imprisonment.
However, DV-labelled assault matters vary widely in seriousness, and realistic outcomes depend on:
Not every domestic-violence-labelled assault results in a conviction or a jail sentence.
Getting advice early can:
When you come to Lenz Legal, we will:
You will deal directly with a criminal defence lawyer who understands the pressures and stigma that come with DV allegations — and who will fight to ensure the court sees the full picture.
For detailed guides on related offences, see:
Stalk or Intimidate (Domestic Violence)
Choking, Suffocation or Strangulation
Threaten or Cause Fear of Harm
Destroy or Damage Property – DV
Common assault is an offence under section 61 of the Crimes Act 1900 involving any unlawful physical force or conduct that causes a person to fear immediate violence.
No. Injury is not required. Many common assault charges involve no physical contact at all.
No. DV offences are prosecuted by the State. The complainant’s views matter, but they do not control the case.
Not unless your AVO or bail conditions allow it. A breach is a separate — and often more serious — offence.
Not necessarily. Many matters resolve without conviction. It depends on the evidence, context, and the outcome.
Get legal advice before speaking to police or attending court.
Contact Lenz Legal to discuss your situation and next steps.
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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