Domestic and family violence allegations involving threats or causing someone to fear harm are taken extremely seriously in NSW. These offences often hinge on words, gestures, or conduct interpreted under pressure or during conflict. Police will frequently act quickly — sometimes on limited evidence — and once a charge is laid, the matter can continue even if the other party later changes their position.
If you have been charged or told police are investigating you, get advice before speaking with police or making any statement.
In NSW, threatening behaviour or conduct that causes another person to fear immediate or future harm can be prosecuted under:
An allegation becomes a domestic violence offence when the people involved are in a domestic relationship.
In a domestic context, even low-level conduct can be treated as a DV offence if police believe it created fear of harm.
Examples include:
If the alleged conduct caused the other person to fear harm — physically or mentally — police may lay charges.
To secure a conviction, police must prove beyond reasonable doubt that:
This may include words, actions, gestures or behaviour said to be threatening.
Fear does not need to be long-lasting — but it must be genuine, and the prosecution must establish it with evidence.
This is often where the prosecution case fails.
Intent cannot be assumed — it must be proven.
This turns the offence into a domestic violence matter, which carries additional consequences.
If the prosecution cannot prove every element, you must be found not guilty.
On our related pages you can read detailed guides to:
Common Assault – Domestic Violence
Destroy or Damage Property – Domestic Violence
We frequently see allegations arise from:
Police often err on the side of caution and may lay charges quickly, sometimes relying heavily on body-worn video, a short statement, or a single allegation without corroboration.
Common forms of evidence include:
Threat-based allegations are highly contestable.
Key weaknesses we regularly identify include:
A precise legal analysis is essential.
Depending on the circumstances, options may include:
Challenging the allegation
For example, where:
Negotiation with the prosecution
This may include:
Pleading guilty on a proper factual basis
Where the evidence is strong and the focus is on minimising penalty.
Seeking a non-conviction outcome
In appropriate cases, the court may deal with the matter without recording a conviction.
For broader principles across DFV offences, see our guide to Domestic & Family Violence Offences (NSW).
Sentencing and Possible Penalties
Penalties range widely depending on:
Outcomes may include:
Our offence-specific guides explain likely outcomes for related charges, including:
Stalk or Intimidate (Domestic Violence)
Common Assault – Domestic Violence
Threat-related allegations almost always result in:
We will explain exactly what you can and cannot do so you do not face further charges.
Getting advice early can:
When you engage Lenz Legal, you work directly with a criminal defence lawyer who:
Our role is to protect your legal position and ensure the court sees the full picture.
Yes. Verbal, implied, or behavioural threats can be charged as domestic violence offences if they cause another person to fear physical or mental harm and occur within a domestic relationship.
No. A threat can be implied through behaviour, tone, gestures, or context. However, the prosecution must still prove it created genuine fear and meets the legal test for intimidation.
They can express their views, but the decision to continue is made by police and the prosecution. Domestic violence offences are not controlled by the complainant.
Not necessarily. Outcomes depend on the seriousness of the allegation, your history, and the strength of the evidence. Non-conviction outcomes such as Conditional Release Orders (CROs) without conviction may be available.
Get legal advice before making any comment to police or attending court. Early advice helps you avoid mistakes, preserve helpful evidence, and understand your bail or AVO obligations.
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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