SERIOUS CHARGES. SERIOUS CONSEQUENCES.
When assault occurs in a domestic setting and causes actual injury, it can lead to a charge of Assault Occasioning Actual Bodily Harm (AOABH). In New South Wales, this is a serious criminal offence—especially when alleged in the context of domestic violence.
At Criminal Lawyers Group, we have extensive experience defending clients facing AOABH charges and are committed to safeguarding your rights, reputation, and future.
WHAT IS ASSAULT OCCASIONING ACTUAL BODILY HARM (AOABH)?
AOABH is an offence under Section 59 of the Crimes Act 1900 (NSW). It involves:
- An assault (either physical force or threatened force), and
- That assault causes actual bodily harm to the victim.
“Actual bodily harm” refers to any injury that is more than transient or trifling. This includes:
- Bruises, scratches, or swelling
- Minor fractures or cuts
- Psychological injury (if proven to be more than temporary fear or distress)
In a domestic context, AOABH charges can arise from:
- Physical fights during relationship breakdowns
- Repeated acts of violence or intimidation
- Escalation of verbal disputes into physical harm
- Injuries resulting from pushing, hitting, or objects being thrown
DOMESTIC VIOLENCE AND AOABH
When AOABH occurs within a domestic relationship, the offence is treated with added seriousness under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). A “domestic relationship” includes:
- Spouses or de facto partners (current or former)
- Parents, children, siblings, or extended family
- Housemates, carers, or intimate partners
Police are required by law to lay charges in domestic violence matters—even if the alleged victim does not want to proceed. In most cases, an Apprehended Domestic Violence Order (ADVO) will also be issued.
PENALTIES FOR AOABH IN NSW
AOABH is an indictable offence, meaning it is more serious than common assault. It can be dealt with in the Local Court or the District Court, depending on the circumstances.
MAXIMUM PENALTIES:
- 5 years’ imprisonment (general maximum), capped off at 2 years in the Local Court.
- 7 years’ imprisonment if the offence occurs in company
Additional consequences can include:
- A recorded criminal conviction
- A Final ADVO being imposed
- Loss of employment or professional licences
- Travel restrictions, especially to countries like the US or Canada
For more on how penalties are determined, see the Judicial Commission of NSW – Sentencing Bench Book.
DEFENDING AN AOABH DOMESTIC VIOLENCE CHARGE
At Criminal Lawyers Group, we explore every possible legal avenue. Common defences include:
- Self-defence: You believed you were at risk and acted reasonably
- Accident: The injury was unintentional or incidental
- Consent: In rare cases, the conduct was consensual (e.g., mutual fight)
- No actual bodily harm: Injury is not sufficient to meet the legal threshold
- False allegations: Claims can be exaggerated or fabricated during disputes
We work to have charges withdrawn, downgraded, or to pursue non-custodial outcomes, such as Intensive Correction Orders (ICOs) or Conditional Release Orders (CROs) under Section 9 and Section 10 of the Crimes (Sentencing Procedure) Act 1999.
WHY EARLY LEGAL ADVICE IS CRUCIAL
A conviction for AOABH in a domestic setting can have life-changing impacts:
- Permanent criminal record
- Inability to work in certain industries (e.g., education, healthcare, security)
- Family law complications, especially concerning parenting arrangements
- Immigration or visa concerns
- Severe limitations under a Final ADVO
By getting legal advice early, we can take swift action—such as applying for bail, preserving evidence, and negotiating with police prosecutors to protect your position.
WHY CHOOSE CRIMINAL LAWYERS GROUP?
We are dedicated criminal defence lawyers with a strong track record handling domestic violence and AOABH charges. Clients choose us for our:
✅ Expertise in criminal and domestic violence law
✅ Strategic, honest legal advice from day one
✅ Proven success in defending serious allegations
✅ Compassionate, confidential approach
✅ 24/7 availability for urgent legal help
FACING AOABH CHARGES? GET THE RIGHT LEGAL DEFENCE.
If you’ve been charged with Assault Occasioning Actual Bodily Harm in a domestic violence context—or issued with an ADVO—you need experienced legal representation fast.
📞 Contact Criminal Lawyers Group today for a confidential consultation. We serve clients across Sydney and New South Wales and are available 24/7 for urgent assistance.