Domestic Violence Lawyer Parramatta, Sydney, Norwest & NSW - AVO & DV Offence Defence

Facing domestic violence charges or AVO (Apprehended Violence Order) proceedings in Parramatta, Sydney, Norwest, Castle Hill, or anywhere in NSW? Domestic violence matters include AVO breaches, domestic assault, stalking and intimidation, property damage, and other offences within domestic relationships. These charges carry serious consequences including imprisonment, criminal records, AVO restrictions affecting where you can live and see your children, and devastating impacts on family law proceedings, employment, and reputation. Whether you're facing charges arising from Parramatta, Norwest, Castle Hill, Blacktown, or across Western Sydney, you need immediate expert legal representation.

At Barsha Defence Lawyers, we have offices in Parramatta (5 minute walk to Parramatta Local Court and Parramatta District Court) and Norwest (serving Castle Hill, Baulkham Hills, Rouse Hill, and the Hills District with FREE on-site parking). We regularly defend domestic violence charges and appear in AVO proceedings at Parramatta Local Court, Castle Hill Local Court, Blacktown Local Court, Penrith Local Court, and across Western Sydney and NSW. Our experienced domestic violence defence team has successfully achieved AVO withdrawals, charge dismissals, not guilty verdicts, and minimal sentences through strategic defence and careful negotiation.

Domestic Violence Offences We Defend in Parramatta, Sydney, Norwest & NSW

We defend all domestic violence related offences and AVO proceedings:

What Is a Domestic Relationship in NSW?

Under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), a "domestic relationship" includes:

• Current or former spouses or de facto partners
• Current or former intimate personal relationships (boyfriend/girlfriend even if not living together)
• People who live together or have lived together (roommates, housemates)
• Relatives (parents, siblings, grandparents, cousins, in-laws)
• People in a dependent relationship (carer and person being cared for)

When an offence occurs within a domestic relationship, it is treated MORE seriously by police, prosecutors, and courts.

Common Domestic Violence Scenarios - Parramatta, Sydney, Norwest & Castle Hill

AVO Breach (Contravene AVO):

• Sending text messages, social media messages to protected person prohibited by AVO
• Going to ex-partner's home in Parramatta, Castle Hill, Norwest when AVO prohibits being within 100m
• Contacting ex-partner's family members when AVO prohibits approaching "any person they have domestic relationship with"
• Attending child handover locations not specified in AVO
• Phoning protected person (even if they answer or initiated contact)

Domestic Assault:

• Physical altercation with current or former partner at home in Castle Hill, Parramatta, Norwest
• Pushing, shoving during argument
• Grabbing arm, restraining partner
• Throwing object causing injury
• Assault during separation, child custody dispute

Stalking & Intimidation:

• Repeated unwanted phone calls, messages to ex-partner
• Following ex-partner in Parramatta, Castle Hill, Norwest
• Watching, loitering near ex-partner's home or workplace
• Repeated threats via text, social media
• Publishing private information about ex-partner online

Property Damage:

• Damaging ex-partner's car, home during argument
• Breaking items during domestic dispute in Parramatta, Norwest, Castle Hill
• Destroying shared property after separation

Types of Domestic Violence Orders in NSW

Common Domestic Violence Criminal Charges & Penalties

Why Domestic Violence Charges Are Treated More Seriously

Offences committed in a domestic relationship context receive harsher treatment than identical offences outside domestic context:

• Police more likely to charge rather than issue warnings
• Bail more likely to be refused or granted with strict conditions
• Prosecutors less likely to withdraw charges even if alleged victim wants to
• Courts impose harsher sentences — domestic violence is aggravating factor
• Automatic AVO applications in most domestic assault cases
• Impact on family law proceedings — affects custody, property settlement

Defending Domestic Violence Charges

Common Defences:

• Self-defence: You were defending yourself from attack or threat
• Defence of another: Protecting child or other person from harm
• False allegations: Allegations fabricated to gain advantage in family law proceedings, custody disputes
• Mistaken identity: You were not the person who committed the offence
• Accident: Contact or damage was accidental, not intentional
• Provocation (partial defence): Extreme provocation reducing moral culpability
• Lack of intent: No intent to cause harm or fear
• Mental health defence: Section 14 application for mental illness or cognitive impairment

Challenging Evidence:

• Inconsistencies in alleged victim's statements to police vs court testimony
• Lack of independent witnesses
• No physical injuries or medical evidence
• Bodyworn camera footage contradicts allegations
• History of false allegations by alleged victim
• Evidence of consent to contact (despite AVO)

AVO Defence Strategies

You have several options when facing an AVO application:

1. Defend the AVO (Contest):

• Allegations are false — seek dismissal of AVO at hearing
• Requires cross-examination of alleged victim
• Risk: If you lose, final AVO made and may affect criminal sentencing

2. Consent Without Admissions:

• Most common approach — agree to AVO being made WITHOUT admitting allegations
• Avoids contested hearing
• Cannot be used against you in criminal proceedings
• Negotiate specific conditions (e.g., allow contact for child handovers)

3. Negotiate Variation of Conditions:

• Agree to AVO but negotiate less restrictive conditions
• Allow text/email contact for children's matters
• Allow attendance at specific locations (children's school, medical appointments)
• Remove firearms prohibition if essential for employment

Court Process - Domestic Violence Matters

1. Arrest or Court Attendance Notice: Charged with domestic violence offence
2. Provisional/Interim AVO: Police apply for immediate AVO (often granted same day)
3. First Appearance: Mention at Parramatta, Castle Hill, Blacktown Local Court
4. AVO Hearing Date Set: Usually 4-8 weeks for AVO hearing
5. Brief of Evidence: Police provide statements, bodyworn camera footage, photos of injuries, text messages
6. Negotiations: Lawyer negotiates with police/PINOP (Person In Need Of Protection) about AVO conditions and criminal charges
7. AVO Hearing or Consent: Contested AVO hearing OR consent to AVO without admissions
8. Criminal Charge Mention: If criminal charges remain after AVO resolved
9. Criminal Plea: Plead guilty or plead not guilty to criminal charges
10. Sentencing or Hearing: Criminal sentencing or defended hearing

Will I Go to Jail for Domestic Violence?

Imprisonment depends on the specific offence, circumstances, and criminal history:

First-Time AVO Breach (Minor):

• Section 10, fine, or Community Correction Order common
• Imprisonment unlikely unless serious breach or repeat offender

Serious AVO Breach (Violence, Threats):

• 12-24 months imprisonment likely

Domestic Assault (Common Assault):

• First offender, minor injuries: Community Correction Order or Intensive Correction Order
• Repeat offender or injuries: 6-18 months imprisonment

Domestic Assault Occasioning ABH / Choking:

• First offender: 12-24 months imprisonment (may be suspended or ICO)
• Repeat offender or serious injuries: 2-5 years imprisonment

Aggravating Factors (Increase Penalty):

• Breach of trust (committed while AVO in place)
• Violence in presence of children
• Use of weapon
• Serious injuries
• Vulnerable victim
• Repeat domestic violence offender

Can I Get Section 10?

Possible but difficult for domestic violence offences. Section 10 more achievable for:

• First-time minor AVO breach (single text message)
• Minor common assault with minimal injury
• Strong mitigation (mental health issues, provocation, out of character)
• Excellent character references
• Completion of domestic violence programs

Impact on Family Law Proceedings

Domestic violence charges and AVOs significantly affect Family Court matters:

• Child custody: DV findings heavily influence custody decisions
• Supervised contact: May be ordered to restrict time with children
• Property settlement: DV can affect property division
• Presumption against equal shared parental responsibility if DV found

Critical: Anything said in criminal proceedings can be used in family law proceedings and vice versa. Coordinate criminal and family law strategies carefully.

How Your Parramatta, Sydney or Norwest Domestic Violence Lawyer Can Help

• Immediate advice on police interview — attend police station with you 24/7
• Urgent bail applications (domestic violence matters often refused bail)
• Negotiate AVO conditions to minimize impact on your life (contact for children, attending certain locations)
• Achieve AVO "consent without admissions" (no finding of guilt)
• Challenge AVO applications — cross-examine alleged victim to expose false allegations
• Establish self-defence, defence of another, false allegations defences
• Challenge bodyworn camera footage, witness credibility
• Analyze inconsistencies between alleged victim's police statement and court testimony
• Coordinate strategy between criminal and family law proceedings
• Obtain psychological/psychiatric reports for sentencing
• Arrange completion of domestic violence intervention programs
• Prepare comprehensive sentencing submissions
• Run defended hearings and trials at Parramatta, Castle Hill, Blacktown Local Courts
• Appear in Parramatta District Court for serious domestic violence charges

Related Offences

• Contravene AVO
• Stalking or Intimidation
• Common Assault
• Assault Occasioning ABH
• Choking
• Destroy or Damage Property
• Bail Applications
• Mental Health Applications

External Resources

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)
• Legal Aid NSW - Domestic Violence
• NSW Judicial Commission
• NSW Government - Domestic Violence Resources