Damage Property Domestic Violence Related
Legal Overview of Destroying or Damaging Property Offences
In New South Wales, intentionally or recklessly destroying or damaging property is a criminal offence under section 195 of the Crimes Act 1900 (NSW). When the act occurs in the context of a domestic relationship, it is treated as domestic violence and attracts additional scrutiny and consequences.
Detailed Description
- This charge covers intentional or reckless damage to property in a domestic context, often used to control, intimidate, or emotionally harm another person.
- Courts treat this as a serious offence, and convictions can lead to criminal records, legal orders, and other penalties.
Our team has extensive experience handling domestic violence property damage cases, offering practical advice, building strong defence strategies, and protecting our clients’ rights throughout the legal process.
A person commits this offence if they intentionally or recklessly destroy or damage property belonging to another person, or property shared between them.
Property damage in the context of domestic violence involves intentional destruction or damage to property. Wilfully damaging property such as breaking windows, slashing tyres, or damaging an individual’s personal belongings carries a maximum penalty of 5 years imprisonment.
In more severe cases of domestic violence, damage to property includes arson, such as setting fire to a person’s property, which carries a maximum penalty of life imprisonment.
Destroying or damaging property is an offence under section 195(1) of the Crimes Act 1900 (NSW). The prosecution must prove that the person:
- Intentionally and recklessly damaged or destroyed property
- That the property was damaged or destroyed
- The property belonged to another person
It is important to note that individuals in a domestic relationship may have joint or shared ownership of property. Unless in special circumstances such as things that are specifically one person’s, for example a woman’s personal sanitary items.
Examples in a domestic violence context
- Breaking a partner’s phone or laptop
- Punching holes in walls or smashing furniture
- Damaging a car, clothing, or personal items
- Throwing objects to frighten or intimidate
- Burning or vandalising shared property
Even if the accused owns the property (for example a jointly owned car), damaging it during an argument or in a threatening context may still amount to an offence.
When Is It Domestic Violence Related?
A property damage offence becomes domestic violence related when the accused and the victim are in a domestic relationship, including:
- Spouses and de facto partners (current or former)
- Family members
- Intimate partners
- People who live together or share care responsibilities
When such an offence is reported, police will usually apply for a provisional Apprehended Domestic Violence Order (ADVO) to protect the victim and prevent further contact or property interference.
Elements the Prosecution Must Prove
To convict someone of this offence, the prosecution must prove beyond reasonable doubt that:
- The accused destroyed or damaged property
- The damage was done intentionally or recklessly
- The property belonged to another person (or was co-owned)
- The incident occurred within a domestic relationship
- The accused had no lawful excuse or justification
Possible Defences
Common defences include:
- Accident – the damage was unintentional and occurred without recklessness
- Ownership – where the accused is the sole legal owner of the property and there is no co-ownership
- Duress – the accused was forced or threatened into committing the act
- Mental illness – where the accused lacked mental capacity at the time of the offence
- Lack of evidence – the prosecution cannot prove each element beyond reasonable doubt
Each case will depend heavily on the evidence, such as witness statements, photographs, police bodycam footage, and the history of the relationship.
Potential Penalties
The offence is considered serious and may be dealt with in either the Local Court or the District Court, depending on the circumstances and severity.
Penalties may include:
- Up to 5 years imprisonment if the damage was intentional
- Up to 10 years imprisonment if done during a public disorder
- Fines, community-based orders, or supervision
- ADVOs with conditions restricting contact, proximity, or communication
The presence of domestic violence as an aggravating factor can lead to harsher sentencing outcomes and an automatic recording of the offence as a domestic violence offence on the person’s criminal record.
Possible sentencing outcomes include:
- Dismissal of charges and conditional discharge (SECT 10)
- Conditional release orders (SECT 9)
- Community correction orders (SECT 8)
- Intensive correction orders (SECT 7)
- Custody (imprisonment)
- Fines and penalties
Legal Process
& Options
Destroying or damaging property in a domestic setting is not a minor offence. It is often a warning sign of escalating violence and is taken seriously by police and the courts. A conviction can impact employment, parenting arrangements, housing, and immigration status, especially when tied to an ADVO or a domestic violence finding.
Pleading
Not Guilty
If you are facing criminal charges, you should consult our team at Brightstone Defence immediately to discuss whether to plead guilty or not guilty. Once we review the evidence provided by the police, we can assess the case and build a strong defence strategy.
Pleading
Guilty
If the evidence against you is strong and a conviction is likely, pleading guilty early may be beneficial. However, it is crucial to fully understand the consequences before making this decision.
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.
- A Criminal lawyer can help you by:
- Explaining your rights and the legal process.
- Assessing whether you have valid defence.
- Negotiating with prosecutors to reduce charges or penalties.
- Preparing your case for court and advocating on your behalf.
- Helping minimise the impact on your future, such as avoiding a criminal record.
- Early legal advice can significantly improve your chances of a favourable outcome.
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.
Reckless means the offender:
- Knew or should have known their actions could cause serious injury, but
- Went ahead anyway without regard for the consequences.
- 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.
“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)
- 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.
- A Criminal lawyer can help you by:
- Explaining your rights and the legal process.
- Assessing whether you have valid defence.
- Negotiating with prosecutors to reduce charges or penalties.
- Preparing your case for court and advocating on your behalf.
- Helping minimise the impact on your future, such as avoiding a criminal record.
- Early legal advice can significantly improve your chances of a favourable outcome.
SUCCESS CASES & ARTICLES
Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.
Meet our lawyers
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
Get AN instant estimated Quote
and a free consultation session
Facing criminal charges? Our experienced criminal defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
