Common Assault Domestic violence related

It is a criminal offence to intentionally or recklessly destroy or damage someone else’s property without lawful excuse. This can include:

• Breaking furniture, windows, or electronics
• Damaging a phone to prevent a call for help
• Keying a car or smashing belongings during an argument

It is domestic violence related if the accused and victim are in a domestic relationship, such as:

• Current or former partners
• Family members
• Housemates
• Co-parents

Even if the property is jointly owned or belongs to the offender, the offence can still be DV-related if it is part of an act of control, fear, or abuse.

It can be if the property is shared, jointly owned, or intended for someone else’s use. For example:

• Smashing a shared phone or TV
• Burning belongings during a breakup
• Damaging property to intimidate or punish a partner

• Smashing a partner’s phone to prevent them calling for help
• Punching holes in walls during arguments
• Breaking or throwing household items
• Damaging a vehicle or pet’s belongings to cause fear or retaliation

• No. Even temporary or minor damage can be enough, for example:
  • Spilling paint on someone’s clothing
  • Scratching a surface
  • Cutting up clothes or photos

The key is that some damage was caused, and it was not accidental.

• Yes. In domestic violence matters, police often must proceed with charges once they believe a crime has occurred, even without the victim’s cooperation.

No. It can involve:

• Threatening gestures
• Raising a fist
• Verbal threats that cause genuine fear of immediate violence

Physical contact (like slapping or grabbing) can also count as common assault if it does not result in grievous bodily harm.

Yes. A single act of:

• Hitting
• Pushing
• Threatening to harm
  …can be charged as common assault, particularly in a domestic violence context.

Yes. In domestic violence cases, police can and often must lay charges even if the victim:

• Does not want to proceed
• Changes their statement
• Fails to attend court

This ensures protection for victims from pressure, fear, or coercion.

Yes. If convicted, a person may receive:

• A criminal conviction
• Fines, community corrections orders, or jail (in serious cases)

A conviction can affect employment, travel, and future legal matters.

Victims of domestic violence can access:

• 1800 RESPECT (24/7 national helpline)
• NSW Victims Services
• Legal Aid, domestic violence liaison officers, and court support services
• Safe housing, counselling, financial assistance

Reckless means the offender:

• Knew or should have known their actions could cause serious injury, but
• Went ahead anyway without regard for the consequences.

• Intentional GBH: The offender meant to cause serious injury.
• Reckless GBH: The offender didn’t intend the injury but knew it could happen and took the risk.‍

Intentional offences generally carry heavier penalties.

• Yes. If they acted recklessly (e.g., hitting someone with a weapon or during a violent outburst) and serious injury occurred, they can be charged even if they didn’t intend that level of harm.

• No. Once police lay charges, only the police or prosecution can withdraw them. The victim’s views may be considered but they cannot unilaterally drop charges.

A history of domestic violence can:

• Make bail harder to get
• Lead to harsher sentencing
• Justify a long-term ADVO
• Be considered an aggravating factor under sentencing laws

• Yes. Police can apply for an Apprehended Domestic Violence Order (ADVO) on the victim’s behalf, sometimes even without their request. It can:
  • Prohibit the offender from contacting or approaching the victim
  • Impose strict conditions on behaviour
  • Be made interim (temporary) or final depending on the situation

Examples include:

• Threats of violence
• Harassment via social media or messages
• Property damage
• Surveillance or repeated unwanted presence

• Yes. The law covers current and former partners, family members, or any person in a domestic relationship with the victim.

• Yes. Police often apply for a provisional AVO to protect the victim immediately. If the matter goes to court, the AVO can be made final.

• Call 000 if in immediate danger.
• Report to local police.
• Keep a record of incidents (messages, photos, notes).
• Seek support from a domestic violence service, such as 1800RESPECT, White Ribbon Australia, or Mission Australia.

“Domestic relationship” includes:

• Spouses or de facto partners (current or former)
• People who live together
• Relatives (including by marriage)
• People in a care relationship
• Individuals with a shared parenting relationship (even if no longer together)

• Stalking: Involves following, surveilling, or contacting someone repeatedly in a way that causes fear.
• Intimidation: Broader — includes threats, harassment, or any conduct that makes someone fear for their safety or wellbeing.

Both are criminal offences under the same provision when done with intent to cause fear.

Our experienced domestic violence criminal defence lawyers can provide immediate advice, assess your case, and guide you on the best legal strategy to protect your rights and achieve the best possible outcome.