What is a Domestic Violence (DV) offence in NSW?
In a nutshell, a DV offence is essentially where two or more people are in a domestic relationship and one person commits any of the following offences against another:
1. An action that is physically violent.
2. An action that is emotional or psychologically abusive.
A domestic relationship includes intimate partners (boyfriend-girlfriend), and family relationships like parents, children, siblings.
Let’s look at a basic example – Fred and Belinda are boyfriend and girlfriend. Fred and Belinda had a few drinks on Saturday night and got into an argument. Fred became frustrated with Belinda and physically shoved her. Fred could be charged with a domestic violence offence of common assault.
This page introduces you to domestic violence. It can be a complex topic and so we have taken some time to make things easier for you to understand. The first blog will provide you with an overview of DV in NSW. We then offer a further six blogs, each on being a particular DV offence that our firm sees every day. The final blog is about defences and how we apply the law to successfully to defend you in Court.
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The things you need to know about Domestic Violence (DV) charges
What is domestic violence in NSW?
Domestic violence in New South Wales refers to a range of criminal behaviours occurring within a domestic relationship, including physical violence, threats, emotional abuse, and coercive control. The law is governed by both the Crimes Act 1900 (NSW) and specific provisions under the Crimes (Domestic and Personal Violence) Act 2007. Courts treat DV matters as serious, often with strict bail conditions, and aim to prioritise victim safety while ensuring fair legal process.
Stalk-intimidate with intention to cause fear
Stalking or intimidating another person with the intent to cause fear of physical or mental harm is an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007. The charge can arise from repeated texts, calls, surveillance, or threats that result in the other person feeling fearful. Courts assess the accused’s intent and the impact of their conduct on the alleged victim.
Strangulation
Choking, suffocation, or strangulation without consent is a serious domestic violence offence under section 37 of the Crimes Act 1900 (NSW). The offence does not require evidence of injury but focuses on the act and the context in which it occurred. It is viewed as high-risk behaviour linked to escalation of violence and is treated severely by the courts.
Wounding
Wounding or inflicting grievous bodily harm, either intentionally or recklessly, is an offence under section 33 of the Crimes Act 1900 (NSW). Wounding typically involves breaking the skin, while grievous bodily harm refers to serious or permanent injury. These charges are among the most serious DV-related assaults and carry lengthy custodial penalties.
Common assault
Common assault involves the unlawful application of force or the threat of force without consent. It is covered under section 61 of the Crimes Act 1900 (NSW) and includes actions such as slapping, pushing, or threatening violence. No physical injury is required for the charge to be laid, but the act must cause fear or discomfort.
Assault occasioning actual bodily harm
Assault occasioning actual bodily harm involves causing injury that is more than transient or trifling. Injuries such as bruises, cuts, or psychological harm may qualify. The prosecution must prove both the assault and that the harm was a direct result. The offence is more serious than common assault and carries heavier penalties.
Use carriage service to menace
Using a carriage service—such as a phone, email, or social media—to menace, harass, or offend is an offence under section 474.17 of the Criminal Code Act 1995 (Cth). This charge often arises in DV matters where communication is used to threaten or emotionally abuse another person. Evidence can include texts, calls, posts, and direct messages.
Main defences to DV offences
Defences to domestic violence charges can include self-defence, where the accused acted to protect themselves or others; consent, in limited circumstances; alibi, where the accused was not present; and factual denial. Additionally, the prosecution must prove every element of the offence beyond reasonable doubt, and any failure to do so may result in the charge being dismissed.
Read article on the Domestic Violence topic…
- AVO/ADVO | Case Study | Charges Dismissed | Charges Withdrawn | Common Assault | Court | Criminal Law | Defence | Domestic Violence | Orders
Common Assault Charge and ADVO Withdrawn and Dismissed at Burwood Local Court
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When the person charged is your own child: adolescent family violence, AVOs and what happens after you call the police
In NSW a teenager charged after a family incident faces domestic violence law and youth justice simultaneously. Here is what… - Apprehended Violence Order Offences | AVO/ADVO | BOSCAR | Court | Criminal Law | Domestic Violence | Your Rights
When both of you apply: cross-applications, mutual AVOs and how NSW police decide who the “primary victim” really is
Cross-ADVOs in NSW grew from 5.7% to 13.7% of matters between 2016 and 2023. Here is how the law works… - Apprehended Violence Order Offences | Coercive Control | Court | Criminal Law | Cyber-Crime | Devices Act 2007 | Digital Evidence | Domestic Violence | Harassment or Threats | Stalking
“There’s a tracker on my car” – NSW’s new covert stalking law and what it means if police come to you
NSW’s 2026 covert stalking law means the victim no longer needs to know they were tracked for charges to proceed…
