Top 5 How Long Do You Stay In Jail For Abuse The 30 Detailed Answer

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A third-degree felony domestic assault can result in prison for 2 to 10 years. A conviction for first-degree felony aggravated domestic assault can include 5 to 99 years of prison time.A felony domestic violence offense can lead to up to 5 years in state prison. Probation could also be as long as 5 years. There is a minimum of 3 years of probation as a state requirement in all cases of felony domestic violence.The police are even known to charge a man even if the woman does not want to press charges- the reverse almost never happens. Any charge is in the hands of the District Attorney once brought. The alleged “victim” can’t simply drop the charge once the parties have reconciled. Only the State can drop the charge.

Penalties

Type of Domestic Violence Offence	Maximum Penalty in Local Court	Maximum Penalty in District Court
Assault occasioning actual bodily harm: 59 Crimes Act 1900 (NSW)	2-years jail or $5,500 fine, or both	5-years jail
Assault occasioning actual bodily harm in company	Same as above	7-years jail

18 thg 11, 2021

Contents

What is the penalty for domestic violence in Australia?

Penalties

Type of Domestic Violence Offence	Maximum Penalty in Local Court	Maximum Penalty in District Court
Assault occasioning actual bodily harm: 59 Crimes Act 1900 (NSW)	2-years jail or $5,500 fine, or both	5-years jail
Assault occasioning actual bodily harm in company	Same as above	7-years jail

18 thg 11, 2021

How long do you go to jail for domestic violence in California?

A felony domestic violence offense can lead to up to 5 years in state prison. Probation could also be as long as 5 years. There is a minimum of 3 years of probation as a state requirement in all cases of felony domestic violence.

Can assault on a female charges be dropped in NC?

The police are even known to charge a man even if the woman does not want to press charges- the reverse almost never happens. Any charge is in the hands of the District Attorney once brought. The alleged “victim” can’t simply drop the charge once the parties have reconciled. Only the State can drop the charge.

How do I get a domestic violence case dismissed in Georgia?

Under Georgia law, a person arrested and charged may get their case dropped by asserting immunity defense or self-defense based on getting involved to protect others. Either defense will be available to you if you can prove that you were not the aggressor in the case.

Is psychological abuse a crime in Australia?

Because psychological abuse is not usually a criminal offence, there is no maximum or minimum sentence in the event of conviction.

What are the 4 types of domestic Offences and give an example of each?

Those four types of domestic violence are:

Physical abuse. Physical behavior that it is violent may be considered physical abuse. …
Emotional abuse. Emotional abuse is usually verbal. …
Economic abuse. Economic abuse may occur when a partner takes control over the other partner’s finances. …
Psychological abuse.

Is verbal abuse a crime in California?

Verbal Abuse Is a Criminal Offense in California

One charge used by the state is Penal Code §422: Criminal Threats. Individuals face PC 422 charges if they threaten someone with: An act of violence. Physical harm.

What is the punishment for domestic violence in USA?

A domestic violence conviction will result in a minimum sentence of three years of probation and successful completion of a 52-week mandatory batterer’s program which meets one session per week for a minimum of two hous.

What is the bail amount for domestic violence in California?

The bail bond could be anywhere from $500 to $1,000. However, for more serious forms of domestic violence, this figure is generally much greater.

How long do you go to jail for assault on a Female?

Assault on a Female is a Class A1 misdemeanor punishable by a maximum sentence of 150 days in jail. This is an extremely common charge that can arise in the area of domestic households, as often times verbal arguments between people in a dating or marital relationship can lead to physical confrontations.

How do you drop charges?

To drop charges against someone, begin by meeting with the prosecutor for the court case and telling them that you don’t want to press charges, since it’s ultimately their decision.

What happens when charged with assault?

If you have been previously convicted or are charged with assault for a specific motive or against an officer, you’ll be facing jail time. You could receive anywhere from six months to two years, depending on the situation. Otherwise, you’ll be given a fine. Assault charges may be dropped in specific situations.

What happens if charges are dropped?

Getting charges dropped means that, at least for the time being, you won’t have to go to court to face them or the associated penalties that accompany them, such as time in jail or fines. If you are being detained awaiting the outcome of your case, you will be, and you must be, released.

Can charges be dropped before court?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.

How can I drop charges before my court date in Georgia?

In the state of Georgia there is no criminal motion to dismiss a case. The prosecutor over your case has to determine whether there is probable cause to prosecute you for a crime. If you wait and hire an attorney when you receive your notice for arraignment you have potentially waited to long.

How are domestic violence cases handled in Australia?

Australian domestic and family violence laws

The Commonwealth has some provision for handling cases of domestic and family violence under the Family Law Act 1975 (Family Law Act). However, state and territory laws and court systems handle the vast majority of domestic and family violence cases.

What is the punishment for DV case?

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

When did domestic violence become illegal in Australia?

In Australia, domestic violence (DV) is defined by the Family Law Act 1975.

What is a serious personal violence offence?

“serious violence offence” means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves– (a) loss of a person’s life or serious risk of loss of a person’s life, or (b) serious injury to a person or serious risk of serious injury to a person …

Jail Terms For Every Crime | Comparison

Domestic violence in Australia – Crime – Australia

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Table of Contents:

DOMESTIC
VIOLENCE HOTLINE & HELPLINE DOMESTIC VIOLENCE HELP &
SUPPORT SERVICES

DOMESTIC
VIOLENCE STATISTICS

DOMESTIC
VIOLENCE AGAINST WOMEN

DOMESTIC
VIOLENCE AGAINST MEN

DOMESTIC
VIOLENCE CASES

FAMILY AND
DOMESTIC VIOLENCE LEAVE

NEW DOMESTIC
VIOLENCE LAWS UPDATE

WHAT IS DOMESTIC VIOLENCE

FAMILY LAW DOMESTIC VIOLENCE

TYPES OF DOMESTIC VIOLENCE

CONTRAVENING
AVO BREACH AVO OFFENCES PENALTIES SENTENCES & DEFENCES

STALKING AND
INTIMIDATION OFFENCES PENALTIES SENTENCES & DEFENCES

ASSAULT
OCCASIONING ACTUAL BODILY HARM OFFENCES PENALTIES SENTENCES &
DEFENCES

GRIEVOUS BODILY
HARM WOUNDING OFFENCES PENALTIES SENTENCES & DEFENCES

COMMON ASSAULT
OFFENCES PENALTIES SENTENCES & DEFENCES

USING CARRIAGE
SERVICE TO HARASS OFFEND THREAT OR MENACE OFFENCES PENALTIES
SENTENCES & DEFENCES

CHOKE
SUFFOCATE & STRANGULATE OFFENCES PENALTIES SENTENCES &
DEFENCES

DESTROY OR
DAMAGE PROPERTY OFFENCES PENALTIES SENTENCES & DEFENCES

SEXUAL ASSAULT
OFFENCES PENALTIES SENTENCES & DEFENCES

MURDER
OFFENCES PENALTIES SENTENCES & DEFENCES

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Can a Domestic Violence Charge Be Dropped

How Can a Domestic Violence Case Be Dismissed in GA

Common Reasons Domestic Violence Cases Are Dismissed

When Are Domestic Violence Charges Dropped

How to Convince a Prosecutor to Drop Charges

What Happens if I Drop Domestic Violence Charges

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Table of Contents:

Misdemeanor Vs Felony Domestic Violence

Domestic Violence Resources: How Long Can You Go to Jail for Domestic Violence?

Domestic violence involves assault or battery against a family member, romantic partner, or anyone living in your household. Domestic violence is a serious criminal offense that can result in jail time, fines, and restricted access to your own home and children. It is important to take accusations of domestic assault seriously to prevent permanent harm to your reputation and leave you with a criminal record.

This page gives a broad overview of domestic violence. Follow links to get more detailed articles that can help you answer specific questions on domestic abuse penalties. Because criminal law is set by each individual state, we suggest consulting a domestic violence defense attorney in a city near you to give you the best advice about your unique circumstances.

What is Considered Domestic Violence?

Domestic violence can include abuse of someone in a close personal relationship. Depending on the individual state law, abuse that qualifies as domestic abuse generally involves a family or household member, with could include:

Spouse or former spouse

Parents/children

Siblings

In-laws in the same household

Couples who have a child in common

Violence between people in a close relationship is treated differently than violence between strangers. Penalties associated with domestic assault may focus on reducing the risk of repeated offenses or future harm. Domestic abuse criminal charges can include a range of behaviors, including:

Physical abuse

Criminal threats of violence

Sexual abuse

Emotional or psychological abuse

Financial abuse

Stalking and cyberstalking

Domestic violence crimes can be charged as misdemeanor crimes or as felony crimes. The difference in penalties between a misdemeanor and felony offense can be significant. A misdemeanor intimate partner violence charge can result in up to a year of jail but may lead to probation instead of time in jail. Felony charges can result in jail or prison time of more than a year and a permanent felony record that can limit your rights and future opportunities. Criminal defense lawyers may be able to negotiate to reduce felony domestic assault charges down to a misdemeanor.

Each state has its own approach and laws regarding domestic violence. In Texas, for example, there is not a specific domestic abuse statute. Family violence offenses fall under assault statutes, with additional penalties for individuals in a dating relationship or in the same household. Under Texas laws, the jail time for a Class A misdemeanor offense includes up to a year in county jail. A third-degree felony domestic assault can result in prison for 2 to 10 years. A conviction for first-degree felony aggravated domestic assault can include 5 to 99 years of prison time.

Misdemeanor Penalties for a Domestic Violence Conviction

Most misdemeanors have a maximum penalty of up to one year in jail. One year is generally the maximum amount of jail time for domestic battery misdemeanors, however, and the jail sentence can be much shorter. If there are mitigating factors, a judge may impose a 30-60 day jail sentence for a first-time offense. Mitigating factors that can reduce the amount of time you will be in jail for domestic violence accusations include:

Alleged abuse victims also engaged in violence

Showing remorse and a willingness to seek help

Lack of prior criminal offenses

Depending on the individual situation, some domestic violence convictions can result in probation instead of jail time, as long as the defendant complies with the terms of probation. As part of a plea deal for domestic violence, your criminal defense attorney may be able to negotiate:

Lesser charges

Probation instead of time in jail

Dropping related charges

In California, misdemeanor domestic battery is punishable by up to one year in county jail. However, a first-time offense could result in probation instead of jail time. Probation may require completing domestic violence or anger management classes, among other terms. Violating probation is a crime that may result in additional penalties, including jail.

Sentence Length for Felony Domestic Violence

Felony charges are generally more serious than misdemeanors. The prison sentence for a domestic violence charge can include more than a year in state prison. Depending on the individual situation, a sentence for a felony conviction can include up to 10 years or more in prison. How many years you can go to jail for assault depends on several factors. Factors that can impact jail time after a domestic assault include whether the incident involved:

Serious bodily injury

Physical injury to minor children

Sexual assault

Violation of a restraining order

Kidnapping

Prior criminal record for domestic violence

Resisting arrest or fleeing from law enforcement

Use of a firearm

Other criminal charges

In Ohio, for example, if the victim suffered serious injury as a result of domestic battery, the defendant could be charged with felony domestic violence. The sentence length depends on the felony criminal degree charged (many criminal laws contain degrees, with first-degree bringing the most serious penalties). A conviction for fifth-degree felony domestic violence in Ohio could result in up to a year of imprisonment. Potential penalties for third-degree felony domestic battery can include up to 5 years in prison.

Do I Have to Spend the Night in Jail After a Domestic Violence Arrest?

In most cases, someone arrested for domestic violence will have to spend at least a night in jail. Many states have a mandatory arrest policy for domestic abuse. If the police suspect domestic violence occurred, their state’s policies may require arresting one or more suspected offenders. After an arrest, the suspect may have to wait until arraignment or a bail hearing before they are released from custody.

For example, under Michigan domestic violence laws, an officer should arrest and take an individual into custody if the police officer has probable cause to believe the suspect has committed domestic violence. If the officer suspects multiple individuals have committed domestic violence, the officer may arrest one or both individuals.

Whether you will be in jail for domestic assault does not matter whether the alleged victim wants to press charges or not. Even if the alleged victim does not want to press charges or does not cooperate with prosecutors, the prosecutor can still take the case to court, including recommending the maximum jail penalties be imposed.

Domestic violence in Australia

Domestic Violence Statistics

What is Domestic Violence?

Types of Domestic Violence

Domestic Violence Against Men

Domestic Violence Against Women

Common Assault Offences, Penalties, Sentences & Defences

Sexual Assault Offences, Penalties, Sentences & Defences

Domestic violence in any of its forms is completely unacceptable, and is mainly committed by men against women and children. The Law in Australia, and in every state and territory now acknowledges this.

A woman is murdered every week by her current or former partner, according to the Australian Institute of Criminology.

Domestic violence happens across all communities. It’s not discriminatory and it includes physical violence and exploitation of power imbalances which can go on for years.

Domestic violence is also known to impact those most vulnerable, particularly children who are exposed to domestic violence as either a victim or witness. This can have long term effects on children in respect to physical, psychological and emotional harm.

Domestic and family violence is prevalent across not only NSW, but Australia. This is strongly reflected in statistics, based on research.

To tackle this issue, new NSW legislation was introduced to better respond to domestic violence, called the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (‘CDPV Act’).

This law now gives greater power to senior police officers. It allows them to now make and issue provisional AVOs immediately after a domestic violence is reported. The law also now allows alleged victims of domestic violence to give their evidence in court through audio visual link (AVL) rather than in-person.

The new laws also acknowledge and give force to AVOs from other states and territories to be recognised and effective in NSW.

With over 20-years experience, our team consists of Australia’s most respected and experienced Domestic Violence Lawyers who hold an outstanding track record of exceptional results in securing not guilty verdicts in jury trials, negotiating with police to get charges dropped early, and achieving s10 non-convictions and conditional release orders (non-convictions) on sentence.

Here we outline the prevalence of domestic violence, what is domestic violence, and the laws on domestic violence in NSW.

DOMESTIC VIOLENCE HOTLINE & HELPLINE | DOMESTIC VIOLENCE HELP & SUPPORT SERVICES

Domestic violence hotlines and helplines are provided across many organisations that have been established to help those in need.

If in danger, it is always advisable to call police on ‘000’.

Some of the confidential domestic violence hotlines and helplines are outlined in the below table:

Contact Number Details of Service 1800RESPECT (1800 737 732) They are available 24/7 and provide confidential information, support service and counselling for victims of domestic violence. 1800 656 463 This is the Domestic Violence Line available 24/7, providing crisis counselling, and referral service for women, and trans women. 13 11 14 This is a contact number for lifeline for crisis support and suicide prevention. 1800 737 732 This is the 24/7 hotline providing free counselling through the National Sexual Assault, Domestic Family Violence Counselling Service. 1300 789 978 This is the Mensline Australia hotline.

DOMESTIC VIOLENCE STATISTICS

Domestic and family violence is highly prevalent across Australia.

A large amount of domestic violence still remains unreported.

The following table outlines the extent of unreported gender based domestic violence, reflected in the Australian Bureau of Statistics (ABS) Personal Safety Survey in 2012.

Gender % who’ve not contacted police after experiencing violence from a recent partner. Male 94.7% Female 80.2%

The below table reflects a 2013 survey conducted by NSW Bureau of Crime Statistics and Research (BOCSAR).

Number of victims who attended domestic violence services % who reported their most recent incident to police. 300 51.8%

In 2015, 29,001 domestic violence assault incidents were recorded in NSW. Since 2011 to December 2018, this figure increased 1.9%.

Of the increase, incidents of recorded domestic violence related sexual offences, property damage, harassment, and threats all increased during the same period.

In comparison, in 2015, 30,660 non-domestic violence assault incidents were recorded in NSW. Since 2011, over the same period, this figure reduced by 4.8%.

In 2014, within NSW, 26,543 apprehended domestic violence orders (DVOs) were granted. 13,310 DVOs were breached from period April 2015 to March 2016. This represents a 4.7% increase of DVO breaches over the preceding 5-year period.

DOMESTIC VIOLENCE AGAINST WOMEN

The below table outlines the number of recorded incidents of domestic violence assaults involving female victims and alleged male offenders from April 2015 to March 2016.

Number of incidents of recorded domestic violence assaults April 2015 – March 2016 % of Female Victims % of Alleged Male Offenders 29,227 69.54% 80.96%

The below table outlines the number of recorded incidents of breaches of domestic violence orders involving female victims for period April 2015 to March 2016.

Number of incidents of recorded breaches of DVOs April 2015 – March 2016 % of Female Victims 29,227 83.09%

The below table outlines the number of domestic violence assault and homicide child victims.

% of domestic violence assault child victims April 2015 – March 2016 % of domestic violence homicide child victims 2000 – 2012 11.80% 21.43%

DOMESTIC VIOLENCE AGAINST MEN

Is domestic violence gendered in Australia?

The below table outlines the findings reported by the ABS in the same 2012 Personal Safety Survey.

Gender % who’ve experienced violence perpetrated by a current or former partner since 15 years of age. Male 5.3% Female 16.9%

The below table outlines the extent of homicides reported in NSW for period 1 July 2000 to 30 June 2012, and percentage of gender based domestic violence victims.

Number of homicides reported in NSW 1 July 2000 to 30 June 2012 Numbers that occurred in domestic violence context Numbers of domestic homicide female victims Numbers of domestic homicide male victims 995 280 164 116

59% of domestic homicides involved victims who were killed by their intimate partner (current or former). 78% of those were female intimate partner victims.

DOMESTIC VIOLENCE CASES

Domestic violence cases are regularly heard in court.

It’s common for the court to hear a case where the DVO is breached as a result of the offender committing an assault against the protected person in an existing AVO.

In those instances, police usually charge the offender separately for both charges of assault and breach of AVO, even though the charges overlap.

When an AVO is breached (contravened), it leaves the protected person without protection, and it undermines the authority of the court whilst compromising the law.

Domestic Violence Case Example Facts R v Archer [2015] NSWSC 1487 Here, the offender killed his ex-partner who was the protected person named in the AVO. He breached the AVO by reason of his presence at the victim’s house while intoxicated. The AVO conditions prohibited him from approaching her within twelve hours of consuming alcohol. Due to the offender’s complete disregard of the AVO conditions, the court concluded the AVO breach was of a grave nature, putting aside the murder that resulted from that breach.

The above is an image-based data from a 2016 ABS Personal Safety Survey.

According to this, there was an estimated 17% of Australian women 18-years or above, comprising of 1.6 million females, experienced violence by a current or former partner since 15-years-of-age.

Approximately 6% of Australian men 18-years or above, comprising 547,600 males, experienced violence by a current or former partner since 15-years-of-age.

Statistics on Domestic Violence Cases in Australia Reveal:

Females are almost 3-times more likely to have experienced partner violence than males.

1 in 6 females, and 1 in 17 males experienced physical form of violence by a partner.

Females were 8 times more likely to experience violence of a sexual nature by a partner than a male.

In fact, the proportion of partner violence experienced by women over the preceding 1-year period remained relatively the same for over a decade, according to the 2016 ABS Personal Safety Survey report.

However, the proportion of partner violence experienced by men over the same preceding year went up from 2005 and 2016.

The below image-based data outlines the extent of partner emotional abuse.

The above image-based data reveals that 1 in 4 women (2.2 million women) from the age of 15-years reported experiencing emotional abuse by a former or current partner.

On the other hand, 1 in 6 men (1.4 million men) from the age of 15-years reported experiencing this type of abuse by a former or current partner.

The below image-based data outlines the extent of abuse before the age of 15 from the same ABS survey.

1 in 10 males witnessed violence against their mother by a partner before the age of 15.

1 in 25 males witnessed violence towards their father by a partner before the age of 15.

1 in 8 females witnessed violence against their mother by a partner before the age of 15, and 1 in 20 females witnessed it towards their father by a partner before the age of 15.

The below image-based data outlines the extent of gender based experiences of sexual harassment from the same ABS survey.

The below image-based data outlines the extent of gender based experiences of stalking from the same ABS survey.

FAMILY AND DOMESTIC VIOLENCE LEAVE

As of December 2018, employees get 5-days unpaid family and domestic violence leave per year, in accordance with the National Employment Standards under the new changes to the Fair Work Act 2009 (Cth).

The whole purpose of the family and domestic violence leave is to give support to employees who’re enduring family and domestic violence, and to achieve consistency in providing all employees with the same entitlement regardless of the industry or occupation award an employee is under.

The Australian economy is hit with approximately $22 million a year cost due to domestic violence against women. This cost includes the 2nd generation effects on children, impacting on a reduction of productivity, rise in welfare, medical expenses and unemployment. In addition, it encompasses the cost to the legal justice system, funeral costs, victims compensation and the victims and survivors income tax loss.

NEW DOMESTIC VIOLENCE LAWS UPDATE

New Domestic Violence laws have been proposed in NSW. Mark Speakman, Attorney General and Minister for the Prevention of Domestic Violence has said, that these proposed laws enable alleged domestic violence victims to be able to give their evidence remotely via audio visual link (AVL) or closed courts.

Currently, alleged victims in domestic violence cases have no right to give evidence remotely via AVL or closed court. to do this, an application must first be made with the decision to allow or decline it left to the Presiding Magistrate or Judge in court. If refused, the alleged victim will be required to attend court, face the accused and anyone else in the court gallery while giving evidence under oath. This can and usually is a very daunting traumatic experience. The new proposed laws if passed will mean that alleged victims will have a right without needing to make an application to give evidence remotely via AVL.

Further proposed new DV laws allow a jury hearing domestic violence charge(s) to be informed, by way of a direction, that any delay of the alleged victim making a complaint to police shouldn’t be taken as a false accusation against the accused. This is to recognise the complexity of domestic violence, illustrated by what Mr. Speakman said, namely, “Domestic violence is a complex crime due to the intimate nature of the relationships between victims and perpetrators. If you were robbed by a stranger, you’d have no reason to delay reporting that to police. But when you’re abused by someone who claims to love you, you have children together, you own property together and you’re terrified of retribution- that’s a very different story. Considering these issues, you begin to understand why victims commonly delay reporting.”

The law that proposed to make these changes is called Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020 (NSW).

WHAT IS DOMESTIC VIOLENCE?

A domestic violence offence is defined as an offence against another person, if the person who committed the offence has or had a ‘domestic relationship’ with the victim.

In addition, it will only be considered a domestic violence offence if the offence committed was a ‘personal violence offence’.

The below table outlines the meaning of a ‘personal violence offence’ in NSW.

A ‘personal violence offence’ includes any one of the following offences, according to section 4 Crimes (Domestic and Personal Violence) Act 2007 (NSW): Stalking or intimidation with intent to cause fear of physical or mental harm

Breaching an AVO

Murder

Sending threatening documents

Discharging a firearm with intent

Wounding or grievous bodily harm

Choking, suffocating or strangulating

Assault occasioning actual bodily harm

Common assault

Sexual assault, sexual touching (indecent assault), or a sexual act

Kidnapping

Distribute intimate image without consent, or threaten to record or distribute an intimate image.

Destroy or damage property (or threaten to do this).

The below table outlines the meaning of a ‘domestic relationship’ in NSW.

A ‘domestic relationship’ includes any one of the following types of current or former relationships: Marriage

De facto partner

Intimate personal relationship (whether or not of a sexual nature)

Housemate

Paid or unpaid care

relative

In NSW, if you’re guilty of a domestic violence offence, the Court will be required to impose one of the following types of sentences as punishment:

Even if a person is guilty of a domestic violence offence, the court is still allowed to sentence that offender with a non-conviction sentence, which would allow the offender to walk away without a criminal record against his/her name.

A parent who’s convicted of a domestic violence offence, including a DVO where the child is named in it, will face more obstacles in family court child custody or parenting disputes in Australia.

In child custody disputes, the Family Court can and does consider if a parent either has or had an AVO or domestic violence conviction involving a child. It’s a relevant factor for the family court to take into account in parenting orders during contested child custody disputes.

In addition, an AVO and domestic violence conviction also have an impact on getting a working with children clearances through the Childrens Guardian.

TYPES OF DOMESTIC VIOLENCE

Below is a complete guide on the law, penalties, sentences and defences for the main types of domestic violence assaults in NSW.

CONTRAVENING AVO | BREACH AVO OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence AVO breach occurs if you breach an existing AVO condition, knowing you were breaching it at the time.

Penalties

Type of Domestic Violence Offence Maximum Penalty in Local Court Breach AVO: Section 14 Crimes (Domestic and Personal Violence) Act 2007 (NSW) 2-years jail or $5,500 fine, or both

Defences

YOU WILL BE ‘NOT GUILTY’ OF AN AVO BREACH IF: The breach occurred because it was necessary to attend mediation; or The breach occurred while complying with a property recovery order; or The breach occurred in circumstances you were not served with a copy of the AVO and you were not in court when the order was made; or Self-defence; or The breach occurred accidentally without knowing you were in breach at the time; or Duress or Necessity.

What the Police Must Prove in Court

The Police Must Prove the Following Elements for the Court to Find you Guilty of Breaching an AVO: You breached a condition of the existing AVO; and You knowingly breached it.

STALKING AND INTIMIDATION OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence intimidation or stalking offence occurs if you either intimidate or stalk a person, and, you intended to cause that person to fear physical or mental harm, or you were at least aware it’s likely to cause this to that person.

Penalties

Type of Domestic Violence Offence Maximum Penalty in Court Stalk or Intimidate: 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW) 5-years jail or $5,500 fine, or both

Defences

YOU WILL BE ‘NOT GUILTY’ OF STALK OR INTIMIDATION IF: Self Defence: Your conduct was a response to protect yourself, someone else, or your property; or Mistaken identity; or You weren’t aware, at the time, that your conduct is likely to cause fear to the other person; or Intoxication: Where you were intoxicated from alcohol or drugs to an extent that you weren’t able to form the necessary intention or awareness of causing a fear in the other person (McIlwraith v R [2017] NSWCCA 13); or Mental illness defence; or Duress or Necessity; or Citizen’s arrest using reasonable force.

ASSAULT OCCASIONING ACTUAL BODILY HARM OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence assault occasioning actual bodily harm offence occurs if you assault someone either intentionally or recklessly, without consent, causing that person ‘actual bodily harm’ (i.e. at least bruising or scratch).

Penalties

Type of Domestic Violence Offence Maximum Penalty in Local Court Maximum Penalty in District Court Assault occasioning actual bodily harm: 59 Crimes Act 1900 (NSW) 2-years jail or $5,500 fine, or both 5-years jail Assault occasioning actual bodily harm in company Same as above 7-years jail

Defences

YOU WILL BE ‘NOT GUILTY’ OF ASSAULT CAUSING ACTUAL BODILY HARM IF: If the alleged physical force applied was something you did incidentally in everyday life; or If the alleged physical force applied was generally accepted by the community; or Self-defence; or If you were making a citizens’ arrest, using reasonable force; or If the prosecution fail to prove any 1 or more essential elements of this offence in court (outlined above); or If you acted out of a necessity or duress; or If the alleged victim consented to it.

GRIEVOUS BODILY HARM | WOUNDING OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence offence of assault occasioning grievous bodily harm (GBH) or wounding occurs if you assault a person (intentionally or recklessly), and by reason of that assault cause that person grievous bodily harm (GBH) (i.e. broken bone) or wounding (i.e. split lip).

Penalties

Type of Domestic Violence Offence Maximum Penalty in Court Standard Non-Parole Period Intentionally cause grievous bodily harm or wounding s33 Crimes Act 25-years 7-years Recklessly cause grievous bodily harm s35(2) Crimes Act 10-years 4-years Recklessly cause grievous bodily harm in company s35(1) Crimes Act 14-years 5-years Recklessly cause wounding s35(4) Crimes Act 7-years 3-years Recklessly cause wounding in company s35(3) Crimes Act 10-years 4-years

The standard non-parole period is not applies by courts strictly as a mandatory requirement. However, the standard non-parole period represents the bare minimum full-time jail set before eligibility for release on parole if the case falls in the mid-range of objective seriousness.

The maximum penalties are also not normally imposed by courts.

Defences

YOU WILL BE ‘NOT GUILTY’ OF GRIEVOUS BODILY HARM OR WOUNDING IF: Self Defence: If you acted in self-defence to protect yourself, someone else or your property. Causation of injury was not from your actions. Mental illness defence. Intoxication defence: If you were so intoxicated from drugs or alcohol that you were not able to form the necessary intent. Necessity or Duress. Citizen’s arrest using reasonable force. The injury is not considered ‘grievous bodily harm’ or ‘wounding’ under the law. Prosecution is unable to prove any 1 of the essential elements of the offence.

COMMON ASSAULT OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence common assault offence occurs if you do something to cause intentional or reckless fear of immediate and unlawful violence or force to another person (without consent). This can include physical or non-physical contact.

Penalties

Type of Domestic Violence Offence Maximum Penalty in Local Court Common assault: 61 Crimes Act 1900 (NSW) 2-years jail or $5,500 fine, or both

Defences

YOU WILL BE ‘NOT GUILTY’ OF COMMON ASSAULT IF: Where there is a physical force applied, the physical force occurred as an inevitable conduct in everyday daily life, or where it’s something generally accepted; or The alleged victim was not aware of the actions alleged to be common assault; or Self-defence: this is where you acted in response of fear to protect yourself, someone else or your property, if your response is considered a reasonable response in the circumstances perceived by you at the time. Lawful correction: this is where you disciplined your child and only applies if your conduct was reasonable and warranted in the circumstances. Citizen’s arrest: this is where you were using reasonable force to arrest the alleged victim. Necessity or Duress. You will also be found not guilty if any one of the essential elements of common assault have not be proven by the prosecution (outlined above).

USING CARRIAGE SERVICE TO HARASS, OFFEND, THREAT OR MENACE OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence offence of using a carriage service occurs if you use a carriage service such as sending a text, email or call with a phone or computer in a way that:

A reasonable person considers offensive, harassing or menacing; or

To transmit, make available, publish, distribute advertise or promote private sexual material; or

To threaten to kill or cause serious harm to a person if the threat was intended to cause fear that it’ll be carriage out; or

Was intended to induce a false belief that an explosive or dangerous substance has been left in a place.

Penalties

Type of Domestic Violence Offence Maximum Penalty in Court Use carriage service to offend, harass or menace: s474.17 Criminal Code 3-years imprisonment Use carriage service to offend, harass or menace involving private sexual material: s474.17A Criminal Code 5-years imprisonment Use carriage service for a hoax threat: s474.16 Criminal Code 10-years imprisonment Use carriage service to make a threat to kill: s474.15(1) Criminal Code 10-years imprisonment Use carriage service to make threat to cause serious harm: s474.15(2) Criminal Code 7-years imprisonment

Defences

YOU WILL BE ‘NOT GUILTY’ OF USING A CARRIAGE SERVICE OFFENCE IF: You were under the age of 10 years old; or You were over the age of 10, but less than 14, and you weren’t aware that your conduct was wrong; or Duress or necessity defence; or You acted involuntarily whether from a mental illness, intoxication from drugs or alcohol or otherwise; or You are the internet provider, carrier, carriage service provider or internet content host; or If it was someone else who did it.

CHOKE, SUFFOCATE & STRANGULATE OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence choke, suffocate or strangulate offence occurs if you intentionally do any of this to a person without consent.

Penalties

Type of Domestic Violence Offence Maximum Penalty in Local Court Maximum Penalty in District Court Intentionally choke, suffocate or strangle without consent: s37(1A) Crimes Act 2-years jail or $11,000 fine, or both 5-years jail Recklessly cause other person to go unconscious, insensible or incapable of resistance from choke, suffocate or strangulation: s 37(1) Crimes Act Same as above 10-years jail Choke, suffocate, or strangle causing unconsciousness, insensible or incapable of resistance with intent to commit another indictable offence: s37(2) Crimes Act Same as above 25-years jail

Defences

YOU WILL BE ‘NOT GUILTY’ OF A CHOKE, SUFFOCATE, OR STRANGULATE CHARGE IF: You were acting in self-defence. The alleged victim consented. Citizen’s arrest: if the force used was reasonable force to arrest the alleged victim. Duress or Necessity. Insufficient evidence to prove any 1 or more of the elements of this offence beyond reasonable doubt.

DESTROY OR DAMAGE PROPERTY OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence offence of destroying or damaging property occurs if you intentionally or recklessly damage or destroy someone else’s property. The penalties for this depends on the type of charge and value of the amount damaged.

Penalties

Type of Domestic Violence Offence Maximum Penalty in Local Court Maximum Penalty in District Court Intentionally or recklessly destroy or damage property where property value is more than $5,000: s195(1)(a) Crimes Act 2-years jail or $11,000 fine, or both 5-years jail Intentionally or recklessly destroy or damage property where property value is $5,000 or less, but more than $2,000: s195(1)(a) Crimes Act 2-years jail or $5,500 fine, or both 5-years jail Intentionally or recklessly destroy or damage property where property value is $2,000 or less: s195(1)(a) Crimes Act 2-years jail or $2,200 fine, or both 5-years jail If destruction or damage is by fire or explosive where property value is more than $5,000: s195(1)(b) Crimes Act 2-years jail or $11,000 fine, or both 10-years jail If destruction or damage is by fire or explosive where property value is $5,000 or less, but more than $2,000: s195(1)(b) Crimes Act 2-years jail or $5,500 fine, or both 10-years jail If destruction or damage is by fire or explosive where property value is $2,000 or less: s195(a)(b) Crimes Act 2-years jail or $2,200 fine, or both 10-years jail If destruction or damage is done in company of another person where property value is more than $5,000: s195(1A)(a) Crimes Act 2-years jail or $11,000 fine, or both 6-years jail If destruction or damage is done in company of another person where property value is $5,000 or less, but more than $2,000: s195(1A)(a) Crimes Act 2-years jail or $5,500 fine, or both 6-years jail If destruction or damage is done in company of another person where property value is $2,000 or less: s195(1A)(a) Crimes Act 2-years jail or $2,200 fine, or both 6-years jail If destruction or damage is done in company of another person by fire or explosive where property value is more than $5,000: s195(1A)(b) Crimes Act 2-years jail or $11,000 fine, or both 11-years jail If destruction or damage is done in company of another person by fire or explosive where property value is $5,000 or less, but more than $2,000: s195(1A)(b) Crimes Act 2-years jail or $5,500 fine, or both 11-years jail If destruction or damage is done in company of another person by fire or explosive where property value is $2,000 or less: s195(1A)(b) Crimes Act 2-years jail or $2,200 fine, or both 11-years jail If destruction or damage is done during a public disorder where property value is more than $5,000: s195(2)(a) Crimes Act 2-years jail or $11,000 fine, or both 7-years jail If destruction or damage is done during a public disorder where property value is $5,000 or less, but more than $2,000: s195(2)(a) Crimes Act 2-years jail or $5,500 fine, or both 7-years jail If destruction or damage is done during a public disorder where property value is $2,000 or less: s195(2)(a) Crimes Act 2-years jail or $2,200 fine, or both 7-years jail If destruction or damage is done during a public disorder by fire or explosive where property value is more than $5,000: s195(2)(b) Crimes Act 2-years jail or $11,000 fine, or both 12-years jail If destruction or damage is done during a public disorder by fire or explosive where property value is $5,000 or less, but more than $2,000: s195(2)(b) Crimes Act 2-years jail or $5,500 fine, or both 12-years jail If destruction or damage is done during a public disorder by fire or explosive where property value is $2,000 or less: s195(2)(b) Crimes Act 2-years jail or $2,200 fine, or both 12-years jail

Defences

YOU WILL BE ‘NOT GUILTY’ OF A DAMAGE/DESTROY PROPERTY CHARGE IF: Duress or Necessity: You were forced to do it or you did so to avoid serious injury. Self-defence: Your actions were to protect yourself, another person or property from harm or damage, provided your actions were a reasonable response. Damage or Destruction was not caused by you Alleged damage is not considered ‘damage or destruction’ under law You didn’t realise that your actions might cause the kind of damage that resulted.

SEXUAL ASSAULT OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence sexual assault offence occurs if you without consent have sexual intercourse with (or sexually touch) a person, knowing that that person doesn’t consent to it.

Penalties

Types of Domestic Violence Sexual Assault Offences Maximum Penalty in Local Court Maximum Penalty in District Court Maximum Penalty in District Court Sexual Assault or intercourse without consent: s61I Crimes Act N/A 14-years jail 7-years Aggravated Sexual Assault or intercourse without consent: s61J Crimes Act N/A 20-years jail 10-years Sexual Touching: s61KC Crimes Act 2-years jail 55-years jail N/A

Defences

YOU WILL BE ‘NOT GUILTY’ OF A SEXUAL ASSAULT CHARGE IF: Honest and reasonable grounds defence that there was consent. Medical purpose defence: where sexual intercourse took place for a medical purpose by consent. Absence of ‘sexual intercourse’, as defined by law, having took place. Duress or Necessity Where any one or more of the essential elements of what makes up the offence is not proven in court beyond reasonable doubt.

MURDER OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence murder offence occurs if you voluntarily do something causing another person to die, and you do so intentionally to cause that person death, really serious injury, serious disfiguring, or you realised the probability of your conduct causing death, or you were in the middle of committing some other type of crime which carries a maximum penalty of 25-years jail or more.

Penalties

Type of Domestic Violence Offence Maximum Penalty by Supreme Court Standard Non-Parole Period Murder: s18 Crimes Act Life Imprisonment 20-years: only applicable if life imprisonment is not imposed.

Defences

Can a Domestic Violence Case Be Dropped in GA?

Unfortunately, domestic violence cases tend to be more common than what people would like to believe. However, it is critical to note that many family violence charges are dropped and never go to trial.

In some instances, a domestic assault case may be settled outside court, and the alleged victim and the defendant come together to request the prosecution to drop the case.

In other instances, the accuser may refuse to cooperate with the prosecution, or the prosecutor might not have sufficient evidence to prosecute the family violence charge.

Whatever the reason, it is critical to work with a skilled criminal defense attorney if you have a family violence charge. With their experience, they can help you find options to settle disputes outside the court and avoid harsher punishments such as jail time that may result from prosecution and conviction.

How Can a Domestic Violence Case Be Dropped?

It is usually very difficult to get such a case dropped regardless of the alleged victim’s cooperation. While family violence victims often ask the state to dismiss the charges, it is usually up to the prosecutor to decide whether to go forward or not.

In instances where the alleged victim has become uncooperative, the court may issue subpoenas to compel them to testify in court even if they are unwilling to do so.

If you have a family violence case brought against you, you should secure the services of a domestic violence lawyer as soon as possible. By working with an experienced lawyer from The Waltman Firm, you get the legal advice and representation you need to get favorable outcomes for your case.

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