Facing a domestic violence allegation?
Police involvement in a relationship or family dispute can leave you unsure about your next step. You may be worried about a court date, where you can stay or whether you can contact your family. ED Legal provides advice and court representation for people facing domestic violence allegations in Sydney and across NSW.
Whether police have just contacted you or you already have charges and an AVO, we can explain the documents, listen to your account and help you decide how to respond.
Call ED Legal on 0416 849 997 or request a free initial consultation.
How we can help you
We can look at the criminal allegation and any related orders together, so that advice about your court case also takes account of restrictions affecting everyday life. This includes reviewing the available evidence, advising on your response to police and representing you at court.
Tell us what needs attention now, such as an approaching court date, a family member in custody or uncertainty about a no-contact condition. We can discuss the work required and the legal fees before you decide whether to engage us.
If police have contacted you
If police have contacted you about an allegation, speak with ED Legal before deciding whether to take part in an interview. We can explain your options and advise you on how to respond.
Keep any court papers, AVO and bail documents you receive. Preserve relevant messages, photographs and other material in their original form. Do not delete or alter potential evidence, or contact someone to pressure them to change their account.
Understanding the allegation against you
“Domestic violence” can describe different offences, rather than one single charge. The allegation might involve assault, stalking or intimidation, property damage or breaching an order. The relationship between the people involved also matters; these cases are not limited to married couples.
Some allegations concern a pattern of behaviour rather than one incident. NSW’s coercive-control offence concerns repeated abusive behaviour towards a current or former intimate partner, with an intention to coerce or control. It has specific legal requirements. We can explain what police allege and what they would need to prove.
The charge and the AVO are separate issues
An Apprehended Domestic Violence Order (ADVO) may accompany a criminal charge. The criminal case decides whether an offence has been proved; the ADVO sets conditions intended to protect another person. The two matters can be dealt with together, but require separate decisions.
We can explain your options for responding to each. For information focused on the order itself, see our AVO representation page.
Returning home and contacting family
Read the exact conditions before returning home, making contact or arranging to see someone. Not every AVO prohibits all contact, but where contact is prohibited, an invitation from the protected person does not override that restriction. Contact through messages, social media or another person may also be restricted.
If you need clothing, medication or work items from a restricted address, ask about lawful arrangements rather than returning on your own. We can discuss your ability to make an application to the court seeking a property recovery order. If children or parenting orders are involved, tell us; separate family-law advice may also be needed.
When someone is in custody or has bail conditions
A family member can make the initial enquiry. Tell us where the person is being held and any court date you know about. We can discuss advice and representation for a bail application, without promising release or a particular hearing time.
Deciding how to respond to the charge
ED Legal can help you defend the charge or prepare for a guilty plea, depending on your instructions. Where appropriate, we can negotiate with the prosecution about the charges and police facts. We will work with you to prepare your case and represent you in court.
A partner or family member asking for the case to stop does not automatically end the prosecution. Their wishes can be considered, but the decision is not theirs alone. Raise any change in circumstances with your lawyer rather than trying to resolve the case directly with the other person.
Understanding the possible outcome
The outcome depends on the particular offence, its seriousness, your history and the circumstances. We can explain the risks and available options, and help present relevant information if you are being sentenced.
Preparing to speak with a lawyer
When you contact us, tell us the charge or allegation and, if known, the court and next court date. If you are contacting us on someone else’s behalf, please let us know whether they are in custody. Have any Court Attendance Notice or bail paperwork available. Before sending detailed evidence or confidential documents, ask us how to provide them securely.
You do not need to have every document ready to make an enquiry. To discuss your next step, request a free initial consultation. You can also learn about Ali El-Darwich and ED Legal or explore our criminal law services.
Sources
This page provides general information about NSW domestic violence matters. The applicable law, procedure and available options depend on the charge, the person's circumstances and previous court decisions. This overview is not a substitute for checking the provisions applicable to the particular person and proceedings. Obtain legal advice about the particular matter.
