Assault charges
Assault offences in NSW range from common assault to assault occasioning actual bodily harm, reckless wounding and grievous bodily harm under the Crimes Act 1900 (NSW). The seriousness of the charge, the court that deals with it and the available outcomes depend on the injury alleged, the state of mind the prosecution must prove and the surrounding circumstances.
Defences may include self-defence, defence of another person, the absence of the required intention or recklessness, identification issues and inconsistencies in the evidence. Where a matter is resolved by a plea, the agreed facts and the material placed before the court can significantly affect the outcome.
Domestic violence offences
When an offence is alleged against a current or former partner, a family member or another person in a domestic relationship, it may be charged as a domestic violence offence. That can affect bail, the sentencing process and how the matter appears on a person's record.
Since 1 July 2024, coercive control of a current or former intimate partner has been a separate criminal offence in NSW. These allegations usually depend on a course of conduct over time, and the evidence needs to be examined as a whole.
Apprehended violence orders (AVOs)
An AVO is a civil order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). It is not a criminal conviction, but breaching an AVO is a criminal offence, and an order can affect where you live, contact with children, employment and firearms licences.
Police often apply for an AVO at the same time as charging a criminal offence. An application may be contested at a hearing, resolved by consent without admissions, or the proposed conditions may be negotiated so that they are workable while still addressing the concerns raised.
How we assist
- Common assault, assault occasioning actual bodily harm, wounding and grievous bodily harm
- Domestic violence charges, stalking and intimidation
- Coercive control allegations
- Apprehended domestic and personal violence order applications (ADVOs and APVOs), including defended hearings
- Applications to vary or revoke an AVO
- Alleged breaches of AVOs
- Affray, property damage and related offences
Frequently asked questions
Will an AVO give me a criminal record?
No. An AVO is a civil order, not a criminal conviction. However, breaching an AVO is a criminal offence, and an AVO can be relevant to some employment checks and licensing decisions.
The complainant no longer wants to proceed. Will the charge be withdrawn?
Not necessarily. In NSW, the decision whether to continue a prosecution rests with police and the prosecution, not the complainant. Where appropriate, we can make representations to the prosecution.
Can I return home while an AVO is in place?
That depends on the conditions of the order. Some orders exclude a person from a residence and others do not. Contravening a condition can lead to a criminal charge, so obtain advice about the precise terms.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.