WHAT IS A DOMESTIC RELATIONSHIP?

For the purposes of crimes related to Domestic and Personal Violence, the meaning of a domestic relationship is:

A person has a ‘domestic relationship’ with another person if the person:

• is or has been married to the other person, or

• is or has been a de facto partner of that other person, or

• has or has had intimate personal relationship with the other person, wether or not the intimate relationship involves or has involved a relationship of sexual nature, or

• is living or has live in the same household as the other person, or

• is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (excluding correctional or detention centres), or

• has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person

• is or has been a relative of the other person, or

• in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture.

APPRHENDED DOMESTIC VIOLENCE ORDERS

When police suspect a domestic violence offence has occurred, they may apply for an apprehended domestic violence order. This application is merely a request, and the police cannot grant a final Apprehended Domestic Violence Order themselves. However, they do have the authority to issue a provisional order, which must be complied with by the defendant from the moment it is served. The application for the final order will then be brought before the court.

Police can request a provisional order and an apprehended domestic violence order even if no criminal charges are filed yet. If the police charge someone with a domestic violence offence, they typically will also apply for an apprehended domestic violence order unless one is already in place.

Proceedings for Apprehended Domestic Violence Orders are often scheduled to coincide with, or be adjourned to align with, any related criminal charges. If there are no criminal charges, the proceedings will proceed solely as an application.

PENALTIES FOR DOMESTIC VIOLENCE OFFENCES

The term is determined by the criminal acts associated with the violence. Domestic violence offences in Australia can be punished severely, reflecting the seriousness of these crimes.

Here is a list of the maximum penalty each type of domestic violence carries in NSW:

• Breaching an ADVO: 2 years

• Assault occasioning actual bodily harm: 2-5 years

• Assault occasioning actual bodily harm in company: 2-7 years

• Wounding or grievous bodily harm with intent: 25 years

• Reckless grievous bodily harm or wounding: 7-14 years

• Common assault prosecuted by indictment: 2 years

• The use of carriage service to offend, harass, or menace: 3 years

• The use of carriage service to offend, harass, or menace involving private sexual material: 5 years

• The use of carriage service for a hoax threat: 10 years

• The use of carriage service to make a threat to kill: 10 years

• The use of carriage service to make a threat to cause serious harm: 7 years

• Choking, suffocation, and strangulation: 2-5 years

• Chokes, suffocates, or strangles another person in a way that makes the other person unconscious, insensible, or unable to fight back and does so to commit another indictable crime or help someone else do so: 25 years

• If someone deliberately or carelessly destroys or damages property that belongs to another person or to that person and another person, that person is responsible: 2-5 years

• Suppose someone intentionally or carelessly destroys or damages property that belongs to another person or to that person and another person. In that case, that person is responsible, even if the destruction or damage was caused by fire or explosives: 2-5 years

• A person is responsible if, while with another person or people, they destroy or damage property that belongs to another person or to that person and another person: 6 years

• A person is responsible if, while with another person or people, they intentionally or carelessly destroy or damage property that belongs to another person or to that person and another person. This is especially true if the property was destroyed or damaged by fire or explosives: 11 years

• During a public disturbance, someone is responsible for destroying or damaging property that belongs to another person or to that person and another person: 7 years

• During a public disturbance, someone who intentionally or carelessly destroys or damages property that belongs to another person or to that person and another person is responsible if the destruction or damage was caused by fire or explosives: 12 years

• Murder: Life imprisonment

GUILTY PLEA

To be found guilty, the prosecution must prove beyond reasonable doubt that:

1. You were/are in a domestic relationship with the complainant

2. You committed the domestic violence offence. To establish this, the prosecution must present a brief of evidence that includes the victim’s statement, photographs of any injuries, descriptions of the incident, and other significant evidence such as witness testimonies, your criminal record (if applicable), and other relevant documents about your character and background.

If the prosecution proves the offences occurred and you decide to plead guilty to them, they will present a Police Fact Sheet to the Magistrate. You will have the chance to review this fact sheet carefully and agree to its conditions. If you dispute any details, you should discuss them after obtaining permission from the prosecutor. Minor disagreements might be resolved with amendments, but significant changes could require a hearing and the involvement of witnesses.

NON GUILTY PLEA

If you plead not guilty to the domestic violence charge, the case will be adjourned to a 'hearing date.' Prior to this hearing date, it is crucial to seek a criminal legal team and work closely with them to gather evidence, statements and other relevant documents that may assist with proving your innocence and develop a defence strategy against the DPP.

At the hearing, the prosecution must present evidence to prove beyond a reasonable doubt that you committed the domestic violence offence. If the prosecution succeeds, you may face the applicable penalties for the offence and must comply with any conditions set by an Apprehended Domestic Violence Order (ADVO).