DOMESTIC VIOLENCE CHARGES: CRIMINAL LAWYERS

DOMESTIC VIOLENCE IN NSW

WHAT IS DOMESTIC VIOLENCE?

The Crimes (Personal and Domestic Violence) Act 2007 defines domestic violence as ‘an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship’. The legislation defines a domestic relationship to be where a person:

• Is or has been married to the other person, or
• Is or has been a de facto partner of that other person, or
• Has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
• Is living or has lived in the same household as the other person, or
• Is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre or a detention centre, or
• Has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to section 5A), or
• Is or has been a relative of the other person, or
• In the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

TYPES OF DOMESTIC VIOLENCE OFFENCE AND PENALTIES:

1. Common Assault (DV Related) – The maximum penalty for common assault domestic violence related is a term of imprisonment of 2 years.
2. Assault Occasioning Actual Bodily Harm (DV Related) – The maximum penalty for Assault Occasioning Bodily Harm domestic violence related is 5 years imprisonment, although there is a jurisdictional limit in the Local Court of 2 years jail.
3. Stalk and/or Intimidation intent to cause fear (DV Related) – The maximum penalty for stalk and/or intimidate is 5 years prison. However, in the Local Court, the maximum penalty is 2 years imprisonment or a fine of $5,500. The prosecution must also prove that the offender had the intention to cause mental or physical harm.
4. Reckless Wounding (DV Related) – Reckless Wounding carries a maximum penalty of 7 years imprisonment. If the offence was committed while in company of another person and involved grievous bodily harm, the maximum penalty increases to 14 years jail.
5. Malicious Damage of Property (DV Related) – The maximum penalty for malicious damage will depends on the value of the property and which court the case it is heard in. In the Local Court, if the property was worth more than $5,000, the maximum sentence is up to 24 months imprisonment, and/or a fine of up to $11,000. However, if the property that was destroyed or damaged was valued at less than $5,000, the maximum penalty is 12 months imprisonment, and/or a fine of up to $5,500. If the property is valued at less than $2,000, the maximum penalty becomes a $2,200 fine.

OUR PROVEN RESULTS

Criminal Lawyers Group have a proven record of ensuring the best possible outcome for our clients who have been charged with domestic violence offences with results that leave the legal fraternity in awe, including a Section 32 dismissal for a domestic violence assault involving a glassing to the face of the victim. The Magistrate dismissed the charge of assault occasioning actual bodily harm, without recording a conviction against our client.

HIGH PROFILE DOMESTIC VIOLENCE CASES

Amongst our high-profile clients who had been charged with domestic violence offences and sought our legal expertise include Mr Luke James Munday, who avoided being sent to jail despite having been caught on livestream assaulting his pregnant partner. The impact of my expert and quality representation could best be summed up through the words of the Magistrate, who stated “The submissions made on your behalf, if they had not been made, I would have viewed the threshold may have been reached and perhaps considered some form of custodial sentence.”

CONTACT US NOW FOR A FREE CONSULTATION

Our Domestic Violence Criminal Lawyers are a results-driven, client focused team that provides only the highest possible standard of experienced representation. Our record of exceptional results and regular appearances in high-profile domestic violence cases makes us the best team to assist in your domestic violence case.

If you are accused of a domestic violence offence, call Criminal Lawyers Group anytime on 02 8815 8177 for expert advice from a senior criminal lawyer. We will provide an initial free consultation and work out a plan of attack in your case to give you the best change of obtaining the best possible outcome in your case. Contact us today!