Common Assault Domestic violence related
Common assault occurs when a person causes another to fear immediate unlawful violence, even if no physical contact occurs.
In a domestic violence context, these charges often involve allegations of violence, intimidation, stalking, or harassment against a spouse, partner, or family member. Examples of common assault include:
- Hitting, pushing, or kicking someone.
- Spitting at someone.
- Threatening to harm someone.
- Raising a fist as if to strike.
- Throwing objects at someone.
- Restraining another person against their will.
Elements the Prosecution Must Prove
The prosecution must prove:
- A domestic or intimate relationship exists between the parties (e.g., spouses, de facto partners, family members, carers, or Indigenous kinship relationships).
- Your conduct caused the other person to fear unlawful violence or involved non-consensual physical contact.
- The other person did not consent to your actions.
- Your actions were intentional or reckless.
- You did not have a reasonable and lawful excuse for your conduct.
Possible Defences
Possible defences include:
- Duress or coercion.
- Self-defence.
- Necessity (to prevent serious harm or danger).
- Reasonableness of the conduct.
Potential Penalties
Depending on the severity of the case, common assault in a domestic violence context can result in:
- Up to 2 years imprisonment.
- Fines of up to $5,500.
- A violence restraining order to prevent further harm.
- Other penalties such as:
- Dismissal of charges and conditional discharge (SECT 10).
- Conditional release orders (SECT 9).
- Community correction orders (SECT 8).
- Intensive correction orders (SECT 7).
- Custody.
Legal Process
& Options
Contact Brightstone Legal at (02) 9223 1999 for professional legal advice.
Pleading
Not Guilty
If you plead not guilty, Brightstone Legal will build a strong defence strategy based on:
- Lack of intent to cause fear or harm
- Misidentification or false accusations
- Insufficient evidence presented by the prosecution
- Lawful excuse for your actions
Our legal team will carefully review police evidence, cross-examine witnesses, and present a defence strategy tailored to achieving the best possible outcome.
Pleading
Guilty
If the evidence against you is strong and a conviction is likely, pleading guilty early may lead to a more favourable outcome. Benefits of an early guilty plea include:
- Reduced penalties
- Possibility of a Section 10 dismissal (no conviction recorded)
- Consideration of mitigating factors
Before entering a plea, it is important to consult Brightstone Legal to understand the legal consequences and determine the best course of action.
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Here is some general information about various domestic violence charges and how our criminal defense team can help you:
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Definition : Economic control is the manipulation and restriction of a victim's economic resources to control their behavior and freedom.
Expression :
- Prohibiting the victim from working or limiting their job options
- Control over the victim’s income, bank accounts, and financial decisions
- Denying living expenses or depriving victims of basic necessities
Impact : Financial control can cause victims to lose their financial independence, increase their dependence on the abuser, and make it difficult to escape the violent relationship.
Definition : Emotional or psychological abuse is the violation and control of the victim's psychological well-being through words, behavior or other means.
Expression :
- Persistently demeaning, insulting, or humiliating the victim
- Threatening, intimidating or manipulating the victim
- Isolate the victim and limit contact with family and friends
- Threatening victims with children or pets
Impact : Emotional abuse can seriously affect the victim's self-esteem and confidence, and may lead to psychological problems such as anxiety and depression.
Domestic violence includes physical violence, mental/psychological abuse, sexual violence, economic control and social isolation. These forms of violence control and infringe upon the victim through physical harm, verbal insults, forced sexual behavior, economic manipulation and social restriction, causing serious physical and mental health problems and long-term psychological trauma, and causing the victim to lose self-esteem, freedom and external support.
The following are the specific types:
1. Criminal penalties
- Physical violence : Under the Criminal Code, engaging in physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may constitute a criminal offense and is punishable by law.
2. Breach of a domestic violence order
- Violating a protection order : If the offender violates a protection order, they may face fines, jail time, or other legal consequences.
1. State and Territory Laws
- Each state and territory has its own laws to deal with family violence cases, for example, the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales and the Family Violence Protection Act 2008 in Victoria.
2. Domestic Violence Orders ( DVOs )
- Protection Orders : Used to prevent further domestic violence, protection orders may include prohibiting the offender from approaching or contacting the victim.
- Temporary Protection Orders : In emergency situations, victims can apply for a Temporary Protection Order to protect their safety immediately .
3. Criminal Code
- Physical Violence : Using physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may also constitute a criminal offense and be punishable by law.
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