DOMESTIC VIOLENCE
Domestic violence is one of the most prevalent and serious criminal law issues in New South Wales. When it involves allegations of common assault, the consequences can be life-altering—impacting your freedom, reputation, family life, and employment. At Criminal Lawyers Group, we represent clients facing domestic violence common assault charges with discretion, compassion, and a sharp focus on protecting your rights.
WHAT IS A COMMON ASSAULT?
Under NSW law, common assault is the most basic form of assault. It involves either:
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The intentional or reckless application of force to another person, or
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Threatening conduct that causes someone to fear immediate unlawful violence.
Notably, physical injury is not required. Gestures, threats, or acts of intimidation may be sufficient to establish common assault.
In a domestic setting, common assault allegations often stem from:
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Verbal arguments escalating into physical contact
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Pushing, grabbing, or slapping
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Threats made during heated disputes
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Accusations made during relationship breakdowns
DOMESTIC VIOLENCE AND COMMON ASSAULT IN NSW
When a common assault occurs in the context of a domestic relationship, it is treated more seriously under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). A “domestic relationship” includes:
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Spouses or de facto partners (current or former)
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Parents, children, and siblings
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Housemates or carers
Police in NSW have a mandatory charge policy when investigating domestic violence. If they suspect a domestic violence offence, they are required to lay charges—even if the alleged victim does not wish to proceed. In most cases, police will also apply for an Apprehended Domestic Violence Order (ADVO) to protect the complainant.
PENALTIES FOR COMMON ASSAULT
In NSW, common assault is a summary offence under Section 61 of the Crimes Act 1900 (NSW). The maximum penalty is:
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Two years’ imprisonment, and/or
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A $5,500 fine
However, when the offence is aggravated by domestic violence, penalties can be more severe. The court may also impose an ADVO and record a conviction—both of which can have long-term consequences.
DEFENDING A DOMESTIC VIOLENCE COMMON ASSAULT
At Criminal Lawyers Group, we examine every element of your case and explore all legal avenues to secure the best outcome. Common defences to domestic violence common assault include:
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Self-defence: The accused believed they were under threat and responded with reasonable force.
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Accident: The act was unintentional or lacked the intent to assault.
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Lack of evidence: The prosecution must prove the case beyond a reasonable doubt.
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False or exaggerated claims: Domestic arguments, breakups, or family disputes can sometimes result in unfounded allegations.
Our team often negotiates with police prosecutors to have charges withdrawn, reduced, or to secure a non-conviction outcome, such as a Conditional Release Order (CRO) under Section 10 of the Crimes (Sentencing Procedure) Act 1999.
WHY EARLY LEGAL ADVICE IS CRITICAL
A conviction for common assault in a domestic context can have lasting consequences, including:
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A permanent criminal record
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Difficulties with employment or professional licences
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Family court implications, especially regarding parenting orders
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Restrictions under a Final ADVO
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Possible cancellation of firearms or security licences
That’s why seeking legal advice immediately after an allegation is so important. The sooner we’re involved, the more effectively we can manage risk and protect your future.
WHY CHOOSE CRIMINAL LAWYERS GROUP?
At Criminal Lawyers Group, we have a proven track record defending common assault charges arising in domestic violence contexts. We are committed to:
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Protecting your presumption of innocence
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Challenging weak or unsupported allegations
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Preparing strong bail applications when needed
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Representing you with expertise in court
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Providing clear, honest advice at every stage
We understand the emotional and legal complexities involved in domestic cases. Whether you’re falsely accused or involved in a dispute that got out of hand, we will defend your rights with diligence and discretion.
Contact Us for Trusted Legal Representation
If you’ve been charged with common assault or served with an ADVO related to a domestic violence allegation, don’t face it alone.
📞 Contact Criminal Lawyers Group today for a confidential consultation with an experienced criminal defence solicitor. We serve clients across Sydney and New South Wales and are available for urgent legal assistance 24/7.