Common Assault Domestic violence related
Common assault in a domestic violence context involves conduct that causes another person to fear imminent unlawful physical violence. It does not necessarily require physical contact.
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.
Frequently Asked Questions
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