When police arrived at a suburban home in western Sydney last month, they found a man with a cut above his eye and a broken glass bottle on the floor. His partner said he had grabbed her wrist. He said she had hit him first.

Both were taken to the station. But only one was charged.

This scenario, unfortunately, is not uncommon in domestic violence cases across New South Wales. It raises a critical question: can men be victims of domestic violence too – and if so, are they being heard?

At National Criminal Lawyers®, we’ve represented many men facing serious allegations in emotionally charged disputes. But we’ve also represented men seeking protection, only to be dismissed or disbelieved. This blog explores the issue from both sides – and explains what legal protections exist for all victims, regardless of gender.

What the Law Says

Under Section 61 of the Crimes Act 1900 (NSW) a person commits an offence if they assault or threaten another person with whom they share a domestic relationship, intending to cause fear or actual harm.

The law is gender-neutral – meaning it applies equally to men and women. However, in practice, male victims of domestic violence often face obstacles when seeking help or protection.

Real Case: AVO Against His Girlfriend

One of our clients, a 33-year-old man from Penrith, applied for an Apprehended Domestic Violence Order (ADVO) after his partner allegedly threw his phone at him during an argument. Despite photographic evidence and hospital records, police declined to pursue charges against her. Instead, they questioned why he hadn’t left the relationship sooner.

It took a private application through the local court and detailed submissions from our team at Penrith Criminal Lawyers to have the matter heard.

Can a Man Take Out an AVO Against a Woman?

Yes. The same legislation allows any person in a domestic relationship to apply for an ADVO where they fear for their safety. However, male applicants often report feeling humiliated, dismissed, or even mocked when they try to report domestic abuse.

This is particularly problematic when the abuse is psychological, emotional, or financial –  areas where evidence is harder to present but the harm is just as real.

Read more on how to apply for an ADVO.

What Happens When Both Partners Claim DV?

It’s not uncommon for both parties in a volatile relationship to make competing allegations. In such cases, police must assess credibility, injuries, prior incidents, and immediate risk. Sometimes, cross-ADVOs are issued.

However, statistics from BOCSAR suggest that in heterosexual relationships, men are far more likely to be charged, while women are more likely to be treated as protected persons.

What About Psychological Abuse?

NSW is leading the way in criminalising coercive control – a form of non-physical abuse that includes intimidation, surveillance, isolation, and emotional degradation.

These laws are meant to capture subtle patterns of control. But in practice, they are still more likely to be used to protect women. It’s vital that male victims who experience emotional or psychological harm also come forward — and receive legal protection.

Michael Moussa’s Perspective

Michael Moussa, Principal of National Criminal Lawyers and award-winning defence solicitor, says:

“We’ve acted in dozens of cases where the male partner was clearly the victim, but the legal system was slow to acknowledge it. Domestic violence is about power and harm – not gender. The courts and police must treat every allegation seriously, no matter who makes it.”

Do Police Believe Men in DV Cases?

Police are trained to assess domestic violence using risk factors, injury reports, and witness evidence. But unconscious bias can still influence how cases are handled – especially when the victim does not ‘look’ vulnerable.

While specific publicly documented cases in New South Wales (NSW) detailing instances where police failed to investigate male domestic violence complaints leading to severe consequences are limited, systemic issues have been identified. The Law Enforcement Conduct Commission (LECC) conducted a comprehensive review between July 2017 and July 2021, uncovering 222 complaints related to police responses to domestic and family violence incidents. Of these, 70 matters involved 60 police officers, with 17 officers facing charges for various offences.

The LECC’s findings highlighted several systemic failures, including inadequate training, poor record-keeping, and conflicts of interest, particularly when officers were involved in domestic and family violence incidents. These shortcomings can contribute to a lack of appropriate response to victims, including male victims, and may lead to further harm or escalation of violence.

For male victims who feel their complaints have not been adequately addressed by the police, there are avenues to seek recourse. The LECC provides a platform to lodge complaints regarding police misconduct. Additionally, seeking legal advice from experienced criminal lawyers can help in navigating the complexities of the legal system and ensuring that one’s rights are protected.

If you or someone you know is experiencing domestic violence and facing challenges in receiving appropriate assistance, it’s crucial to reach out to legal professionals who can provide guidance and support tailored to your situation.

In our experience, having strong legal representation early in the process is crucial to ensure male complainants are treated fairly.

What You Should Do If You’re a Male Victim

If you are being physically or emotionally abused by a partner, here’s what you should do:

• Get to a safe place;
• Call police and make a statement;
• Take photos of injuries or property damage;
• Apply for an ADVO if needed; and
• Contact a top criminal lawyer immediately

Need Help? Call National Criminal Lawyers®

If you’re facing false accusations, need protection, or just want honest legal advice contact National Criminal Lawyers® today.