Allegations of destroying or damaging property are taken seriously in NSW, and the consequences escalate when police label the offence as domestic violence. These cases often arise during arguments or emotionally heightened moments — and in many instances, only one version of events is ever captured.
At Lenz Legal, we act only for the accused. You are presumed innocent unless the prosecution proves the charge beyond reasonable doubt. Our role is to test the evidence, challenge assumptions, and protect your future.
Destroying or damaging property is an offence under section 195 of the Crimes Act 1900 (NSW).
This offence applies whether the damage is permanent or temporary — the legal test is whether the property’s function or value was impaired.
Common examples in a domestic setting include:
In domestic settings, police may charge you even if the damaged item is jointly owned or belongs to you.
In a domestic relationship, even minor damage can be classified as a domestic violence offence, which affects bail, sentencing, and how courts assess risk.
This charge can be laid even when the property belongs to you, such as jointly owned household items.
To convict you, the prosecution must prove each of the following elements beyond reasonable doubt:
This includes permanent damage (e.g., broken phone screen) or temporary impairment (e.g., water damage, dented surface, broken door hinge).
Police often rely on:
This affects:
This is a critical element.
A moment of panic, clumsiness, or accidental damage is not an offence.
If the prosecution cannot prove every element, you must be found not guilty.
For more detailed principles, see our guide:
Domestic & Family Violence and Related Offences (NSW)
We regularly see DV property-damage charges originate from:
In many cases, officers arrive after the event and form a view based on one party’s account.
Our job is to make sure the court sees the whole picture, not a single snapshot.
Depending on the circumstances, defences may include:
The item was broken unintentionally or during an attempt to move, separate, or de-escalate.
The prosecution must prove a deliberate or reckless act — not mere carelessness.
There may be no evidence connecting you to the alleged damage.
This does not automatically defeat the charge, but is legally relevant.
Your actions occurred because you were being threatened or coerced.
Where facts are unclear or multiple people were present.
If evidence is weak or inconsistent, we can challenge it and seek withdrawal of the charge.
Destroying or damaging property carries a maximum penalty of 5 years’ imprisonment, or 10 years where the damage is caused by fire or explosives
Not every case results in a conviction.
Courts regularly impose:
Your outcome depends on the specific facts, the strength of the evidence, and your personal circumstances.
For sentencing guidance across all DFV offences, see:
Domestic & Family Violence and Related Offences (NSW)
Property damage allegations often result in a provisional AVO being issued at the same time.
Police may impose conditions affecting:
These conditions apply immediately, even before you go to court.
You must follow these conditions exactly as written — even if the protected person says the conditions are unnecessary, wants contact, or asks police to drop the matter.
Only the court can change or vary an AVO.
For more information:
When you come to us with a DV-related property damage charge, we will:
You will deal directly with a criminal defence lawyer who understands the pressures and stigma of domestic-related allegations — and who will advocate firmly and clearly on your behalf.
Common Assault – Domestic Violence
Stalk or Intimidate (Domestic Violence)
Choking, Suffocation or Strangulation
Threaten or Cause Fear of Harm
Child-Related Domestic Violence Offences
Domestic and Family Violence Offences
Yes. Damage to jointly owned or household property can still be treated as a DV offence.
Not necessarily. DV offences are prosecuted by the State. However, the complainant’s position can influence negotiations.
Not always. Outcomes range from dismissals and non-convictions to community orders or, in serious cases, imprisonment.
You should get legal advice before making any comment. What you say early can define the entire case.
If you have been charged — or told that police want to speak with you — contact Lenz Legal before you make any statement or attend court.
We provide clear, honest advice and strong defence representation from the first call.
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.
Let us help now
