Domestic violence refers to a broad category of offences which are alleged to have been committed against a person with whom the defendant shares a domestic relationship. Although they carry the same maximum penalty as non-domestic violence offences, the Courts often take into account the domestic nature of offences as a factor which increases the seriousness of the offences.
When a defendant is charged with a domestic violence offence, Police typically also apply a provision or interim Apprehended Domestic Violence Order. This is an enforceable Order which affects what you can and cannot do when it involves people that the Order seeks to protect. Although an AVO is a civil order, breaching the Order is a serious criminal offence.
Even if criminal charges haven’t been proven, AVO proceedings can affect where you live, your employment, your family arrangements and your freedom of movement. So if you’re charged with a domestic violence offence or are the subject of an AVO, it’s important that you get legal representation as soon as you can.
Our experienced criminal defence lawyers represent clients in:
We’ll focus on protecting your reputation while managing the legal and practical consequences of orders and conditions.
Domestic relationship is defined under section 5 of the Crimes (Domestic And Personal Violence) Act 2007 and includes but is not limited to anyone you have:
lived with or are living with in the same household.
Yes. Alleged victims of domestic violence offences are entitled to provide Police with a recorded statement, referred to as a DVEC, rather than a written Police statement. Additionally, Police are entitled to play the alleged victim’s recorded statement as part of the witness’ evidence in chief.
At Sentencing for a domestic violence offence, Courts are required to take into account further considerations when determining the appropriate sentence, which typically increase the severity of the sentence. Also, Courts almost always make final orders for an AVO when a person is convicted for a domestic violence.
The appropriate sentence for a domestic violence will depend on a range of factors including:
While some domestic violence offences will attract a gaol sentence, the likelihood of same must be considered on a case by case basis.
Breaching an AVO is considered a serious criminal offence by the Court. The offence carries a maximum of 2 years imprisonment.
