The definition for domestic violence is under s11 of the Crimes (Domestic and Personal Violence) Act as an offence committed against a person with whom the offender has (or has had) a domestic relationship, being;
The Courts rightfully take domestic violence offences very seriously, particularly in light of the devastating stories such as the death of Luke Batty. The term ‘domestic relationship’ is given a wide definition. There are a variety of different domestic violence offences, and can occur under a number of circumstances, such as:
If there is not already one in place, when a person is charged with a domestic violence offence, they will also likely be served with an Apprehended Domestic Violence Order (ADVO).
There is an emphasized need for general deterrence for domestic violence offences, as these offences usually occur within the privacy of the home with no witnesses, and are therefore harder to prove, but significant in the community. The penalty will depend on the circumstances of the offence. S4B of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the court to impose either full-time imprisonment or a supervised order to anyone convicted of a domestic violence offence – there is an exception to this if the Court considers a different penalty as more appropriate however a reason must be provided.
Domestic Violence offences can have serious consequences for a person’s future if convicted. Wollongong Criminal Law will use their expertise to ensure that the best outcome is met for their clients. We have years of experience defending and negotiating domestic violence offenders. We also advocate for our clients in sentencings to achieve the best and fairest outcomes, such as s10 non-convictions. If you’ve been charged with a domestic violence offence, contact Wollongong Criminal Law for a free consultation with our expert lawyers.
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