Domestic Violence Charges NSW: Common Assault Withdrawn and No Conviction for Property Damage
NSW Domestic Violence, ADVO & Section 10 Case Study
National Criminal Lawyers recently represented a client at Blacktown Local Court who was facing two domestic violence-related criminal charges arising from an incident at the family home: destroy or damage property and common assault.
The proceedings concluded with the common assault charge being withdrawn and dismissed. On the remaining property damage charge, the client pleaded guilty and was found guilty, but the Court did not proceed to conviction. Instead, the Court imposed a nine-month Conditional Release Order (CRO). A final Apprehended Domestic Violence Order (ADVO) was also made for two years.
The result illustrates an important point for people facing domestic violence charges in NSW: the criminal charges and the ADVO proceedings are related, but they involve distinct legal issues and can produce different outcomes.
The Charges Before Blacktown Local Court
The client was a 52-year-old administration assistant with no prior criminal record. According to the material provided for this case study, the incident occurred at the family home in April 2026 following an argument with her long-term partner.
Police charged the client with destroy or damage property (domestic violence related) under section 195(1)(a) of the Crimes Act 1900 (NSW), and common assault (domestic violence related) under section 61 of the Crimes Act 1900 (NSW). A provisional ADVO was also commenced in connection with the incident.
The police allegation concerning the property damage arose from a computer keyboard being thrown onto the floor. The keyboard was not alleged to have struck another person. The material records that the battery cover came off and the batteries fell out.
What Does “Destroy or Damage Property” Mean in NSW?
Under section 195 of the Crimes Act 1900 (NSW), a person may commit an offence if they intentionally or recklessly destroy or damage property belonging to another person. Whether particular conduct amounts to “damage” depends on the facts and the applicable law; an item does not necessarily have to be completely destroyed before criminal liability can arise.
For that reason, people charged with property damage in NSW should obtain advice about both the physical effect on the property and the prosecution case concerning intention or recklessness. The precise facts matter.
Domestic Violence-Related Charges and an ADVO
Where alleged offending occurs in a domestic relationship, the criminal proceedings may be accompanied by an application for an ADVO. An ADVO is a protective order and is separate from the determination of guilt on a criminal charge.
This distinction is important. A criminal charge may be withdrawn, dismissed or dealt with without conviction while an ADVO can still be made. Conversely, the existence of an ADVO does not itself establish guilt of a criminal offence.
Preparing the Matter for Resolution and Sentence
The defence preparation focused on the individual circumstances of the incident, the client’s lack of prior criminal history and the material relevant to sentence. The common assault allegation was separately contested.
In criminal proceedings, the statement of facts can materially affect the way an offence is understood at sentence. Where a client intends to plead guilty, it is important that the factual basis placed before the Court accurately reflects the conduct admitted and does not contain unsupported or unnecessarily prejudicial assertions.
The available material does not establish that every proposed factual contention or amendment was accepted by the prosecution. Accordingly, this case study does not attribute the ultimate result to any single representation, factual amendment or subjective factor.
Common Assault Charge Withdrawn and Dismissed
The common assault charge did not proceed to sentence. The Court result records that a plea of not guilty was entered and that the charge was withdrawn and dismissed.
This meant the client was ultimately sentenced only in relation to the destroy or damage property charge.
Property Damage Charge: 9-Month CRO Without Conviction
On the property damage charge, the client pleaded guilty. The Court found the offence proved but did not proceed to record a conviction. The client was instead sentenced to a Conditional Release Order for nine months, commencing on 8 September 2026 and expiring on 7 June 2027.
The standard CRO conditions required the client not to commit any offence while subject to the order and to appear before the Court if called upon to do so during the term of the order.
For a person concerned about the consequences of a criminal conviction, a CRO without conviction can be an important sentencing outcome. It is nevertheless a finding of guilt and remains a court order that must be complied with.
Can You Get a Section 10 for a Domestic Violence Offence in NSW?
Section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court, after finding a person guilty, to discharge the person on a Conditional Release Order without proceeding to conviction.
Whether a Section 10 outcome is available depends on the circumstances of the individual case. Relevant considerations can include the person’s character, antecedents, age, health and mental condition, the nature of the offence, extenuating circumstances and any other matter the Court considers proper. A no-conviction outcome is not automatic simply because a person has no prior record or pleads guilty.
In this case, the Court imposed a nine-month CRO without conviction on the property damage offence.
What Happened to the ADVO?
The Court also made a final ADVO for two years, from 8 September 2026 until 7 September 2028. The redacted court result records behavioural conditions prohibiting assault, threats, stalking, harassment or intimidation, and intentional or reckless destruction or damage of relevant property or harm to an animal belonging to or in the possession of a protected person.
The making of the final ADVO demonstrates why criminal charges and ADVO proceedings should be considered separately. The withdrawal of the common assault charge and the no-conviction result on the property damage charge did not prevent the Court from making a final protective order.
Does a CRO Without Conviction Mean the Charge Was Dismissed?
No. A CRO without conviction and a dismissal of a charge are different outcomes. In this matter, the property damage charge resulted in a finding of guilt and a CRO without conviction. The common assault charge, by contrast, was withdrawn and dismissed.
This distinction is important when obtaining advice about Section 10, criminal records, disclosure obligations and the consequences of court proceedings.
Can a Domestic Violence Charge Be Withdrawn?
A domestic violence charge can be withdrawn in appropriate circumstances, but the decision whether to continue a prosecution is made by the prosecuting authority. The fact that a complainant no longer wishes to proceed does not, by itself, require police or prosecutors to withdraw a charge.
Where there is a proper basis to challenge a charge or the factual allegations supporting it, a criminal defence lawyer can assess the evidence and make representations where appropriate. The outcome will depend on the evidence and circumstances of the particular case.
What This Result Demonstrates
This case resulted in two materially different outcomes from the same set of proceedings: the common assault charge was withdrawn and dismissed, while the property damage charge was dealt with by a nine-month CRO without conviction. A two-year final ADVO was also made.
For people facing domestic violence charges in NSW, the case highlights the importance of identifying precisely which allegations are admitted, which are disputed, how the prosecution facts are framed, what subjective material is available for sentence, and how the criminal proceedings interact with any ADVO application.
Domestic Violence Lawyers NSW
National Criminal Lawyers represents clients charged with domestic violence offences, common assault, destroy or damage property and other criminal offences throughout NSW. We also appear in ADVO proceedings and advise clients about the interaction between criminal charges, bail conditions and apprehended violence orders.
If you have been charged with a domestic violence offence or served with an ADVO, obtaining legal advice at an early stage can help you understand the allegations, the available options and the potential consequences of each course.
Frequently Asked Questions
Can a common assault DV charge be withdrawn in NSW?
Yes, a charge may be withdrawn where the prosecuting authority determines that it should not proceed. Whether that occurs depends on the evidence and circumstances. A complainant asking for a charge to be withdrawn does not automatically end the prosecution.
Can I avoid a conviction for a domestic violence offence?
A court may, in an appropriate case, deal with an offence without recording a conviction, including by imposing a CRO under section 10(1)(b). The outcome depends on the offence and the individual circumstances; there is no entitlement to a Section 10 order.
Can an ADVO remain even if a criminal charge is withdrawn?
Yes. Criminal charges and ADVO proceedings are legally distinct. The outcome of one can affect the practical context of the other, but withdrawal of a criminal charge does not automatically terminate an ADVO.
Is a CRO without conviction the same as being found not guilty?
No. A CRO without conviction follows a finding of guilt. It means the Court has chosen not to proceed to conviction. An acquittal or dismissal is a different outcome.
