Assault Occasioning Actual Bodily Harm (DV Related)

Charged with Assault Occasioning Actual Bodily Harm (AOABH) in a domestic violence context? This is a serious criminal offence in NSW and can lead to prison time, a criminal record, and Apprehended Domestic Violence Orders (ADVOs).

Let our experienced legal team break down what this charge means, what the prosecution must prove, your possible defences, and the penalties you could face.

⚖️ What Is Assault Occasioning Actual Bodily Harm (DV Related)?

Under Section 59 of the Crimes Act 1900 (NSW):

“Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.”

In a domestic violence setting, the courts take these charges particularly seriously.

📌 “Actual bodily harm” includes any injury that is more than trivial — such as bruises, scratches, swelling, or psychological injuries (like anxiety or depression in some cases).

📌 Legal Elements – What Must Police Prove?

To convict you of AOABH, the prosecution must prove beyond reasonable doubt that:

• You intentionally or recklessly assaulted another person
• The assault caused actual bodily harm
• You did not have a lawful excuse
• The incident occurred in a domestic relationship (spouse, ex-partner, parent, child, etc.)

👉 If the police can’t prove each of these elements, the charge must be dismissed.

🛡️ Defences to Assault Occasioning Actual Bodily Harm (DV)

Even if harm occurred, you may still be found not guilty if a valid legal defence applies.

✅ Self-Defence
You believed your actions were necessary to protect yourself or someone else from harm.

⚠️ Duress
You acted under threat — where a person forced you to commit the offence.

🚨 Necessity
You broke the law to prevent greater harm — for example, in an emergency situation.

🧾 Lack of Intent / Accident
You didn’t intend to hurt the person, and the injury was not a foreseeable result of your actions.

💬 If you deny assaulting the alleged victim, or acted in self-defence, we’ll fight vigorously for your acquittal.

📚 Examples of Assault Occasioning Actual Bodily Harm (DV Related)

This offence can include:

• Punching, kicking or slapping that causes bruises, cuts or swelling
• Pulling hair that causes pain or injury
• Throwing objects that strike and injure someone
• Causing psychological trauma (in certain recognised cases)
• Any physical act resulting in actual injury — beyond just pain or fear

⚠️ Penalties for AOABH (DV Related)

This offence carries maximum penalties of:

🔒 Up to 5 years’ imprisonment (Local or District Court)
🔒 Up to 7 years if committed in company (with another person)

Depending on the facts and your history, the court may also impose:

💵 Fines
🧾 Conditional Release Orders (CROs)
🔁 Community Corrections Orders (CCOs)
🏠 Intensive Correction Orders (ICOs)
📜 Apprehended Domestic Violence Orders (ADVOs)

⚠️ DV-related offences are treated with particular severity, and even first-time offenders can face jail.

🔍 Why Legal Representation Is Crucial

AOABH (DV related) charges are often complex and involve:

• Disputed facts
• Conflicting witness statements
• Lack of medical evidence
• Emotional and high-conflict relationships

Our experienced criminal defence team will:

✅ Analyse and challenge police evidence
✅ Identify procedural or factual weaknesses
✅ Prepare strong defences or negotiate charge reductions
✅ Help you avoid jail or a conviction where possible

👨‍⚖️ Why Choose Criminal Lawyers Group?

🌟 #1 Ranked Criminal Law Firm in Sydney
✔️ 300+ Five-Star Reviews
✔️ Trusted in DV Defence Matters

💰 Fixed Fees – No Surprises
Upfront pricing. No hidden costs.

👨‍💼 Senior Lawyer Guarantee
You’ll be represented by a senior criminal defence lawyer with 5+ years’ experience — never a junior.

📞 Charged with Assault Occasioning Actual Bodily Harm (DV)?

Don’t delay — early legal advice can make all the difference.

📲 Call Criminal Lawyers Group now
👉 Or book a confidential consultation today