Domestic Violence in NSW – An Overview

ByBlacktown Criminal Lawyers

Domestic Violence in a nutshell

Domestic Violence (DV) in NSW as with other states and territories around Australia has a broad definition. In essence, DV includes two main things.

  1. The first is an action done by one person to another person that is
    1. Physically violent.
    2. Emotionally and psychologically abusive.
    3. Intimidating and threatening.
    4. Manipulating and controlling.
  2. The second is that any or all of the above are done in a domestic relationship. A domestic relationship includes:
    1. Intimate partner relationship (no matter the length of relationship, no matter if you live together or not)
    2. Parental – child relationship.
    3. Sibling relationship (brothers, sisters)
    4. Extended family relationships (including cousins, aunties, uncles, grandparents).

There are specific laws that deal with DV offences. A DV offence is the circumstances within which a person is charged with allegedly doing certain acts detailed in (1) above to anyone with whom they have a domestic relationship. 

The main legislation

Domestic violence is a complex issue. So it follows that there is no single piece of legislation in NSW that governs domestic violence law. The two key pieces of legislation that we deal extensively with are:

  1. The Crimes Act 1900 NSW
  2. The Crimes (domestic and personal violence) Act 2007 NSW

The Crimes Act deals extensively with all manner of criminal offences from fraud to murder, and from police pursuit to kidnapping. The Crimes Act also includes domestic violence offences.

The second piece of legislation, Crimes (domestic violence), deals specifically with particular DV offences. It does not cover all DV offences. For example, the legislation governs Apprehended Domestic Violence Orders, and the charge of intimidation.

While there are other pieces of legislation that oversee DV offences in NSW, these two are the most common Acts used by the Courts.

A couple of things you should know

It is important to know that there is no actual charge called “Domestic Violence”. Rather, DV offences or charges refers to a broad category. In most cases, the charge itself, for example, common assault – section 61 Crimes Act – is only classified as a DV offence when the Accused and Victim/Complainant are in a domestic relationship. If the Accused and Victim are not in a domestic relationship – for example, they are just friends – then the charge of common assault may still apply but it will not labelled as DV related. For example, the charge will read as follows:

  1. If in a domestic relationship:  Common Assault (DV) pursuant to section 61 Crimes Act 1900
  2. If not in a domestic relationship: Common Assault pursuant to section 61 Crimes Act 1900

So, what is a domestic relationship?

For the purposes of understanding how DV laws operate, a domestic relationship includes intimate partners (boyfriend-girlfriend), and family relationships like parents, children, siblings.

The second thing to know is that (generally speaking) the Court will regard a DV classified charge more seriously than if it is not domestic. The attitude of the Court nowadays is that domestic violence offending is an increasingly serious problem across Australia. Therefore, the Courts tend to issue harsher penalties for those charges classified as DV.

The main charges

There are many charges that may be classified under domestic violence. The blogs contained on this page refer to the main offences. In summary, the main charges for DV offences are:

  • Common assault – pursuant to section 61 Crimes Act 1900
  • Stalking or intimidation with intent to cause fear of physical or mental harm – pursuant to section 13 Crimes (Domestic and Personal Violence) Act 2007
  • Assault Occassioning Actual Bodily Harm – pursuant to section 59 Crimes Act 1900
  • Choking, suffocation and strangulation – pursuant to section 37 Crimes Act 1900
  • Abusive behaviour towards current or former intimate partners – pursuant to section 54D Crimes Act 1900
  • Wounding or grievous bodily harm with intent – pursuant to section 33 Crimes Act 1900
  • Use Carriage Service to Menace, Harass, Offend – pursuant to section 474.17 of the Criminal Code contained in schedule one of the Crimes Act 1914 (Cth)

Your next steps

Take a look through our blogs on domestic violence offences. They have been written in a practical style to keep you informed on the operation of law. If you have been charged, or know of someone who has been charged, give us a call at National Criminal Lawyers. Our lawyers specialise in DV offences and would welcome any enquiries you might have.