Domestic violence common assault is one of the most frequently charged criminal offences in New South Wales. Despite often involving no physical injury, it is treated extremely seriously by police and the courts due to the domestic context.
These matters are regularly prosecuted in all courts across NSW particularly arising from incidents between intimate partners, former partners, family members, and household residents.
A domestic violence assault charge can have life-altering consequences, including criminal convictions, AVOs, firearms bans, employment issues, and family law complications — even for first-time offenders.
📜 LEGAL DEFINITION OF COMMON ASSAULT (DOMESTIC)
Common assault is defined under section 61 of the Crimes Act 1900 (NSW).
A person commits common assault if they:
- intentionally or recklessly apply unlawful force to another person, or
- cause another person to fear immediate and unlawful violence.
Importantly, no physical injury is required.
When the alleged victim is a domestic partner, former partner, family member, or household member, the offence becomes a domestic violence offence, triggering additional legal consequences.
🔍 WHAT COUNTS AS “DOMESTIC VIOLENCE”?
Under NSW law, a domestic relationship includes:
- current or former spouses
- de facto partners
- boyfriends/girlfriends (including ex-partners)
- parents and children
- siblings
- relatives
- people living in the same household
Police are required to treat all domestic violence allegations as mandatory action matters, meaning charges and AVOs are often laid even where the complainant does not want to proceed.
👊 WHAT CONDUCT AMOUNTS TO COMMON ASSAULT?
Common assault can include very minor conduct, such as:
- pushing or shoving
- grabbing a wrist or arm
- slapping (even lightly)
- throwing an object that doesn’t hit
- spitting
- blocking someone’s path
- raising a fist or threatening violence
- aggressive behaviour causing fear of immediate harm
Many DV common assault charges arise from arguments, mutual conflicts, or emotionally charged situations where no injuries occur.
👨⚖️ PENALTIES FOR DOMESTIC VIOLENCE COMMON ASSAULT
The maximum penalty for common assault is:
- 2 years imprisonment, and/or
- $2,200 fine
However, where the offence is domestic violence related, courts take a significantly harsher approach.
Possible outcomes include:
- Conviction and Fine
- Conditional Release Order (CRO)
- Community Correction Order (CCO)
- Intensive Correction Order (ICO)
- Full-time Imprisonment (in serious or repeat cases)
A domestic violence conviction also results in:
- mandatory firearms prohibition
- likely AVO with strict conditions
- potential impacts on employment, visas, and family law matters
🚔 HOW POLICE PROVE DV COMMON ASSAULT
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- force was applied (or fear of immediate violence caused),
- the conduct was intentional or reckless,
- the force was unlawful, and
- a domestic relationship existed.
Police often rely on:
- complainant statements
- body-worn camera footage
- 000 recordings
- photographs
- text messages or call logs
- admissions made during police interviews
Notably, police can proceed even without victim support, if other witnesses heard or saw the alleged offences or there was a version provided by the alleged victim during the initial investigation.
❌ DEFENCES TO DOMESTIC VIOLENCE COMMON ASSAULT
Common and effective defences include:
1️⃣ Self-Defence
You acted to protect yourself or another person from unlawful violence.
2️⃣ No Assault Occurred
The conduct did not amount to force or cause fear of immediate violence.
3️⃣ Accident or Lack of Intent
The contact was accidental or not reckless.
4️⃣ False or Exaggerated Allegations
Arising from relationship breakdowns, custody disputes, or emotional conflict.
5️⃣ Mutual Conduct
Both parties engaged in aggressive behaviour, and police misidentified the primary aggressor.
6️⃣ Insufficient Evidence
Inconsistencies, unreliable statements, or lack of corroboration.
⚖️ TYPICAL OUTCOMES
These courts regularly deal with DV common assault matters arising from:
- Bondi, Coogee, Randwick, Bronte (Waverley)
- Newtown, Enmore, Marrickville, Camperdown
- Surry Hills, Darlinghurst, Sydney CBD
- Western Sydney Courts
Possible outcomes include:
- charges withdrawn or dismissed
- Section 10/CRO without conviction
- AVO only, no conviction
- good behaviour bonds
- CCOs with anger management programs
- convictions for more serious or repeat matters
Early legal representation often results in non-conviction outcomes, particularly for first-time offenders.
📚 CASE STUDY: DV COMMON ASSAULT DISMISSED – WAVERLEY LOCAL COURT
Our client was charged with domestic violence common assault after a verbal argument with their partner escalated.
Police relied solely on the complainant’s initial statement and body-worn footage.
We demonstrated:
- inconsistencies in the complaint
- evidence of mutual conduct
- lack of intent or force
- strong subjective circumstances
The prosecution withdrew the charge, and the AVO was dismissed.
🧑💼 WHY YOU NEED AN EXPERIENCED DOMESTIC VIOLENCE LAWYER
Domestic violence charges are not minor matters.
An experienced criminal defence lawyer can:
- challenge weak or one-sided police evidence
- cross-examine complainants effectively
- negotiate withdrawal or downgrade of charges
- seek Section 10 outcomes
- minimise or contest AVO conditions
- protect your employment, licence, and future
Police and courts adopt a zero-tolerance approach — early legal advice is critical.
📞 CONTACT US — 24/7 LEGAL HELP
Charged with domestic violence common assault in NSW?
We appear daily in NSW Local Courts defending domestic violence allegations at all stages.
📱 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
Criminal Lawyers Group
Serious Defence for Domestic Violence Charges.