What Happens If You Are Charged with Domestic Violence in NSW?
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Quick Answer
Being charged with a domestic violence offence in NSW triggers immediate legal consequences that extend well beyond the courtroom.
From the moment police attend an incident, you can face arrest, an interim Apprehended Domestic Violence Order (ADVO), exclusion from your home, mandatory firearms surrender, and a bail process governed by strict “show cause” provisions. NSW law, under the Crimes (Domestic and Personal Violence) Act 2007 and the Crimes Act 1900, treats domestic violence as an aggravating factor in sentencing.
What Counts as a Domestic Violence Offence in NSW
A domestic violence offence is any personal violence offence committed against someone in a “domestic relationship” as defined by the Crimes (Domestic and Personal Violence) Act 2007.
A domestic relationship includes current or former intimate partners, family members, people living or who have lived in the same household, carers and dependants, extended family or kinship relationships, and people who have each had a domestic relationship with the same third person.
Common Domestic Violence Offences | Maximum Penalty |
Common assault (s 61 Crimes Act) | 2 years imprisonment |
Assault occasioning actual bodily harm (s 59) | 5 years imprisonment |
Reckless wounding or grievous bodily harm (s 35) | 10 years imprisonment |
Wounding or GBH with intent (s 33) | 25 years imprisonment |
Stalking or intimidation (s 13 CDPV Act) | 5 years imprisonment and/or $5,500 fine |
Contravening an ADVO (s 14 CDPV Act) | 2 years imprisonment and/or $5,500 fine |
Coercive control (s 54D Crimes Act, from 1 July 2024) | 7 years imprisonment |
The coercive control offence, introduced on 1 July 2024, criminalises ongoing patterns of controlling behaviour, including financial control, isolation, surveillance, and psychological abuse.
What Happens at the Scene
Police responses to domestic incidents in NSW follow a strict protocol.
- Body-worn video is almost always recording, capturing everything you say
- Police can enter your home if invited by any household member, including a child
- A Domestic Violence Evidence in Chief (DVEC) video may be recorded of the alleged victim’s account at the scene
- A provisional ADVO can be issued on the spot before you see a court
- You may be arrested immediately even if no visible injuries are present
- Firearms must be surrendered along with any firearms licence
Anything you say to police can be used as evidence. The right to silence applies.
The Apprehended Domestic Violence Order (ADVO)
An ADVO almost always accompanies a domestic violence charge. It is a separate civil order with serious criminal consequences if breached.
Three mandatory conditions apply to every ADVO. You must not:
- Assault, threaten, stalk, harass, or intimidate the protected person
- Intentionally or recklessly destroy or damage property belonging to the protected person
- Behave in a way that intimidates the protected person
Common additional conditions:
- No contact with the protected person, directly or through third parties
- Exclusion from the family home, even if you own or lease it
- Prohibition on approaching workplaces, schools, or specified locations
- Restrictions on contact with children
- No possession of firearms or weapons
Breaching an ADVO is a criminal offence under s 14 of the Crimes (Domestic and Personal Violence) Act. If the breach involves an act of violence, the court must impose a term of imprisonment unless exceptional circumstances exist.
Bail After a Domestic Violence Charge
Domestic violence matters are subject to stricter bail rules under the Bail Act 2013 (NSW).
- Serious domestic violence offences trigger “show cause” provisions under s 16B, requiring you to prove why detention is not justified
- Bail conditions typically include non-contact, curfew, reporting, exclusion from specific addresses, and surrender of passport
- Breaching bail can lead to immediate arrest and refusal of further bail
If bail is granted, the conditions often mirror the ADVO and can prevent you from returning home for the duration of the proceedings.
Consequences That Begin on Day One
Unlike most criminal charges, a domestic violence charge can reshape your life before any finding of guilt.
- Exclusion from your home: ADVO and bail conditions can force you to leave, even if the property is yours
- No contact with children: If protected persons include children, contact can be suspended pending family law orders
- Firearms licence suspension: Police must suspend your licence immediately
- Employment impact: Particularly in roles requiring a WWCC, security licence, or professional registration
- Family law consequences: ADVOs and DV findings are considered in parenting matters
Immigration impact: For non-citizens, character test provisions under s 501 Migration Act 1958 can apply
Can the Victim Drop the Charges?
No. Once police lay charges, the decision to proceed rests with the prosecution, not the alleged victim.
The alleged victim’s wishes may be considered, but NSW Police and the DPP routinely proceed with domestic violence matters even where the victim does not support the prosecution. Victims can also be compelled to give evidence under subpoena. Similarly, an ADVO can only be varied or revoked by the court, not by the protected person withdrawing a complaint.
Possible Outcomes
Section 4A of the Crimes (Sentencing Procedure) Act 1999 creates a presumption in favour of full-time custody or a supervised order for domestic violence offences, unless the court gives reasons to depart from it.
The range of outcomes depends on the seriousness of the offence, criminal history, and mitigating factors:
- Charges withdrawn following negotiation or weak evidence
- Section 10 dismissal without conviction (possible but difficult for domestic violence matters)
- Conditional Release Order without conviction
- Community Correction Order with supervision and programs
- Intensive Correction Order served in the community
- Full-time imprisonment, which is the presumption for serious offences
Participation in rehabilitation programs such as anger management, behaviour change programs, or domestic violence interventions can support a more lenient outcome.
Final Thoughts
A domestic violence charge in NSW sets off consequences that begin at the police station and continue well past any final court outcome. ADVO conditions, exclusion from your home, firearms surrender, and family law implications can all take effect on the first day. The specific charge and how the matter is handled in the early stages significantly shape what follows.
Frequently Asked Questions
Will I go to jail for a first-time domestic violence charge?
Not automatically, but the presumption under s 4A of the Crimes (Sentencing Procedure) Act 1999 is in favour of custody for domestic violence offences. For minor first-time matters without injury, non-custodial outcomes such as Community Correction Orders or Conditional Release Orders are possible, but custodial sentences remain more likely than for comparable non-domestic assaults.
Can I see my children if I am charged with domestic violence?
It depends on the ADVO conditions and any family court orders. If the children are listed as protected persons, contact may be restricted or suspended. Family law proceedings can run alongside the criminal matter to determine parenting arrangements.
Will I have to leave my home?
Often, yes. ADVO conditions and bail conditions frequently exclude the accused from the family home, regardless of who owns or leases it, for the duration of proceedings.
What is coercive control?
Coercive control is a new standalone offence in NSW, introduced on 1 July 2024 under s 54D of the Crimes Act 1900. It criminalises ongoing patterns of abusive behaviour, including financial control, isolation, surveillance, and psychological abuse. The maximum penalty is 7 years imprisonment.
What happens if I breach an ADVO?
Breaching an ADVO is a criminal offence under s 14 of the Crimes (Domestic and Personal Violence) Act, carrying up to 2 years imprisonment and/or a $5,500 fine. If the breach involves an act of violence, the court must impose a term of imprisonment unless exceptional circumstances exist.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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