Common Assault (DV Related)

Facing a domestic violence assault charge in NSW? A Common Assault (DV related) can carry serious consequences — including a criminal record, jail, and Apprehended Domestic Violence Orders (ADVOs).

Let our expert team guide you through what this charge means, how to defend it, and what penalties you could face.

⚖️ What Is Common Assault (DV Related)?

Under Section 61 of the Crimes Act 1900 (NSW):

“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”

You don’t have to leave a mark or cause injury — fear, threats, or touching without consent can be enough.

📌 Legal Elements – What Must Police Prove?

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

1. Applied force to another person (e.g. touching, pushing, striking)
2. Or threatened them with immediate violence
3. Did so intentionally or recklessly
4. Acted without consent
5. Acted without lawful excuse

👉 If any of these elements cannot be proven, you must be found not guilty.

🛡️ Defences to Common Assault (DV)

Even if the above elements are proven, you may still be found not guilty if a valid legal defence applies.

✅ Self-Defence

You acted to protect:

• Yourself
• Another person
• Your property
• Your or someone else’s liberty

⚠️ Duress

You acted because of a serious threat made to you or your family, which compelled you to commit the offence.

🚨 Necessity

You broke the law to prevent a greater harm — for example, acting in an emergency situation to avoid serious danger.

💬 If you deny assaulting the victim, or claim you acted in self-defence, our legal team will fight hard to get you acquitted.

📚 Examples of Common Assault (DV Related)

Common Assault includes acts that:

• Involve physical contact – slapping, pushing, punching, spitting
• Threaten violence, even if no physical contact occurred
• Show intent to harm – raising a fist, verbal threats
• Restrict someone’s movement against their will
• Throw objects in the direction of another person (even if they miss)

⚠️ What Are the Penalties for Common Assault?

Depending on the circumstances, the court may impose:

• 💵 Fines
• 🧾 Conditional Release Orders with/without conviction
• 🔁 Community Corrections Orders
• 🔒 Full-time Imprisonment (up to 2 years)

Even a first-time offence can result in harsh consequences, especially in domestic violence matters where the law aims to protect vulnerable persons.

🔍 Why Legal Representation Matters

Common Assault charges — especially DV-related — often come down to:

• Conflicting statements
• Lack of physical evidence
• Highly emotional circumstances

Having experienced defence lawyers on your side is crucial to:

• Identify weaknesses in the police case
• Build strong arguments for acquittal or charge withdrawal
• Negotiate lesser penalties or non-conviction outcomes

👨‍⚖️ Why Choose Criminal Lawyers Group?

🌟 #1 Ranked Criminal Law Firm in Sydney

✔️ Over 300+ 5-star reviews
✔️ Highly rated for DV defence expertise

💰 Fixed Fees

No surprises. Transparent, all-inclusive pricing.

👨‍💼 Senior Lawyer Guarantee

You’ll be represented by a senior criminal lawyer with 5+ years’ experience — not a junior or paralegal.

📞 Facing a DV Assault Charge? Don’t Wait.

The sooner you act, the better your chances of protecting your freedom, your record, and your future.

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