Family Violence Lawyer Sydney
Where Family Violence Allegations Meet Criminal Charges And Parenting Proceedings
A domestic violence allegation in NSW usually arrives as two things at once: a criminal charge, and an application for an order restricting where you can go and who you can contact. They are separate proceedings with different tests, and they can end differently.
At Hugo Law Group, our Sydney lawyers defend domestic violence charges under the Crimes Act 1900 (NSW) and respond to applications made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Getting advice before the first court date matters, because decisions made early are hard to undo.
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Charged With A Domestic Violence Offence In Sydney?
There is no single offence called domestic violence in NSW. The term describes an ordinary criminal offence, such as assault or intimidation, committed against someone you are or were in a domestic relationship with.
Your matter may turn on:
- What the underlying charge actually is, since assault, intimidation and property damage carry very different penalties
- Whether the account given to police is supported by any independent evidence
- Whether an ADVO is being sought, and on what conditions
- Whether you accept the order without admitting the allegations, which is a distinct option
- How the conditions sought would affect your housing, your work and your contact with children
ADVO: an Apprehended Domestic Violence Order is a civil order setting conditions on your behaviour. It is not a criminal conviction, but breaching one is a criminal offence.
How Our Sydney Domestic Violence Lawyers Can Help
These matters move quickly and involve two sets of proceedings running side by side.
Our team can assist by:
1. Separating The Charge From The Order
The criminal charge and the ADVO application are decided on different tests and different standards of proof. We advise on each separately, because the right approach to one is not always the right approach to the other.
2. Advising You Before Police Interviews
If police want to interview you or you are under investigation, getting advice early is important. We explain your rights and the consequences of any decision, including whether to participate in an interview at all.
3. Negotiating The Conditions
The standard conditions are not the only ones available, and the conditions sought are frequently broader than the situation requires. We negotiate terms that address genuine concerns without making your life unworkable.
4. Representing You In Court
Our lawyers appear in Local Court domestic violence matters across Sydney, in both the charge and the order.
Served with an ADVO or charged with a DV offence?
What happens at the first mention affects both proceedings, so advice before that date matters.
Domestic Violence Matters We Handle In Sydney
Our lawyers act across the range of charges and orders that arise in a domestic context.
Common assault and assault occasioning actual bodily harm
The most frequently laid domestic violence charges, under the Crimes Act 1900 (NSW).
Stalking and intimidation
Charges under s 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), alleging conduct intended to cause fear of physical or mental harm.
Coercive control
An offence under s 54D of the Crimes Act 1900 (NSW), in force since 1 July 2024, covering an ongoing course of abusive behaviour towards a current or former intimate partner.
Contravene ADVO
Charges alleging a breach of an existing order, which are treated seriously even where the underlying conduct seems minor.
ADVO applications
Representation where police or a private applicant seek an order against you, including at a defended hearing.
Property damage and other offences
Charges such as destroying or damaging property that are classified as domestic violence offences because of the relationship.
Where a matter also involves intimate images shared or threatened without consent, those are separate offences with their own elements, and they frequently arise between former partners.
Domestic Violence Penalties In NSW
The penalty follows the underlying offence rather than the domestic violence label, though that label affects how the matter is treated.
| Offence | Maximum Penalty |
| Common assault, s 61 Crimes Act 1900 (NSW) | Up to 2 years imprisonment |
| Assault occasioning actual bodily harm, s 59 Crimes Act 1900 (NSW) | Up to 5 years imprisonment, or 7 years if committed in company |
| Stalking or intimidation with intent to cause fear of physical or mental harm, s 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW) | Up to 5 years imprisonment or 50 penalty units, or both |
| Coercive control, s 54D Crimes Act 1900 (NSW) | Up to 7 years imprisonment |
| Contravene an ADVO, s 14 Crimes (Domestic and Personal Violence) Act 2007 (NSW) | Up to 2 years imprisonment or 50 penalty units, or both. Where the breach involved an act of violence, the court must impose a sentence of imprisonment unless it orders otherwise |
Where a person pleads guilty to or is found guilty of a serious domestic violence offence, s 39 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) requires the court to make a final ADVO unless satisfied that an order is not required. An interim order will often be in place long before that point.
Sentencing options including a section 10 dismissal or a Conditional Release Order come from the Crimes (Sentencing Procedure) Act 1999 (NSW). Whether they are realistically available depends on the charge and on any history.
Your Options When An ADVO Is Sought
An ADVO application does not have to be fought or accepted outright. There are middle positions that are often the better outcome.
Consent without admissions
You agree to the order without accepting the allegations are true. The order is made, but nothing is found against you, and there is no criminal record.
Negotiating the conditions
Even where an order is going to be made, the conditions are negotiable. This matters most where the terms would affect your housing or contact with your children.
Defending the application
Where the grounds are not made out, the application can be contested at a hearing. This is a real option, but it involves the complainant giving evidence.
Seeking a variation later
Existing orders can be varied where circumstances change, which is relevant where parenting arrangements are being worked out.
What Happens After A Domestic Violence Charge?
These matters typically move faster than other criminal charges.
- Police attendance and charge
Police attend, take statements and frequently charge on the spot. A provisional ADVO is often issued at the same time.
- Bail and immediate conditions
Bail conditions and the provisional order may exclude you from your home immediately, which is usually the most urgent practical problem.
- First mention
Both the charge and the order come before the court. The plea and the position on the order are both addressed.
- Brief of evidence
The brief includes statements, body worn video, any recorded interview and photographs.
- Negotiations, hearing or sentence
Your lawyer may negotiate the charge or the facts, contest the matter, or prepare it for sentence.
Why Choose Hugo Law Group For Domestic Violence Matters?
These cases are fast moving, personal, and decided on two tracks at once.
Experienced criminal defence lawyers
Our team acts in domestic violence charges and ADVO proceedings throughout NSW.
Strong NSW court experience
We regularly appear in Sydney Local Courts, where the great majority of these matters are decided.
Strategic legal advice
We advise on the charge and the order separately, because the best position on one is not always the best on the other.
Personalised representation
Every case is different. We take the time to understand your situation and advise on your circumstances.
Trusted by our clients
Our commitment to clear communication and strong representation is reflected in our client reviews and reputation.
Awards And Recognition
Hugo Law Group has been recognised for its commitment to providing quality legal representation and client-focused criminal defence services.
Meet Our Sydney Domestic Violence Lawyers
Learn more about the experienced criminal defence lawyers who may represent you and how our team can assist with your domestic violence matter.
What our clients say
These matters affect where you live and when you see your children, often within hours. Our clients choose Hugo Law Group for clear advice, personalised support and strong representation.
Speak With A Domestic Violence Lawyer Today
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Sydney NSW 2000
Frequently Asked Questions
No. It is a classification applied to ordinary criminal offences such as assault, intimidation or property damage when they are committed against someone in a domestic relationship with the accused. The penalty comes from the underlying offence. The classification matters because it triggers additional consequences, including the making of an ADVO.
An ADVO is a civil order setting conditions on your behaviour, decided on the balance of probabilities. A criminal charge must be proved beyond reasonable doubt and can result in a conviction. They run alongside each other and can end differently, so one being resolved does not resolve the other.
No. An ADVO is not a criminal conviction and does not appear as one. It can still affect employment in some fields, and it may affect firearms licensing. Breaching the order is a criminal offence, and that would appear on a record.
It means agreeing to the order being made without accepting that the allegations are true. The court makes no finding against you, and there is no criminal consequence from the order itself. It is often the pragmatic outcome where the conditions are workable and contesting would mean a hearing.
The conditions can restrict contact, including with children named on the order, and that restriction operates regardless of any existing parenting arrangement. This is why the conditions sought are worth negotiating rather than accepting as drafted. Where family law proceedings are also on foot, the interaction between the two needs to be handled deliberately.
The decision belongs to the police and the prosecution, not to the complainant, so a withdrawal request does not end the matter. Prosecutions frequently continue where there is other evidence such as body worn video or injuries. Nothing about that process should be managed by contacting the complainant, particularly where an order is in place.
Other Areas Of Criminal Defence
Criminal law
Assault offences
Theft offences
Sexual offences
Firearm offences
Representing clients across Sydney
Representing clients across sydney
Hugo Law Group provides domestic violence representation for clients throughout Sydney, including:
- Sydney CBD
- Parramatta
- Liverpool
- Blacktown
- Campbelltown
- Penrith
- Burwood
- Bankstown
- Hornsby
- Sutherland
- Fairfield
Sydney courts we regularly attend
Hugo Law Group represents clients appearing before courts across Sydney, including:
- Downing Centre Local Court
- Downing Centre District Court
- Parramatta Local Court
- Parramatta District Court
- Liverpool Local Court
- Blacktown Local Court
- Burwood Local Court
- Campbelltown Local Court
- Bankstown Local Court
- Hornsby Local Court
- Sutherland Local Court
- Penrith Local Court
Speak With An Experienced Domestic Violence Lawyer In Sydney Today
If you have been charged or served with an order, the conditions attached to it may already be affecting where you can sleep and whether you can see your children. Those conditions are negotiable, but not after they are agreed.
Our lawyers in Sydney act in these matters daily, including where the allegations also affect parenting and Family Court proceedings.
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