Domestic Violence Lawyer Sydney

Our strategic and compassionate domestic violence lawyers will treat your case with the care and sensitivity it deserves.

Cases involving domestic violence are both legally complex and personally devastating. When dealing with a domestic violence case in NSW, you need a dedicated, compassionate and supportive team of experts on your side.

With a 97% success rate across over 1,700 cases, our criminal lawyers provide unmatched results and excellent care for all our clients. From working with survivors to overturning falsified domestic violence charges, handling apprehended violence orders (AVOs) and more, we work hard to ensure our clients receive the fairest outcome for their cases.

We know how stressful, confusing and emotionally fraught the legal process can be. Our team provides clear communication, reliable support and the best possible strategies to take the weight off your shoulders.

At Green & Associates, we believe everyone deserves to have their voice heard. With passion, dedication and unmatched care, we’re the domestic violence lawyer Sydney locals trust with their cases. Get in touch with our team and book a consultation with our discreet criminal lawyers today.

Green & Associates Solicitors Experience and Success 

 

Client Charged with Assault and Weapon Possession

In a challenging case that had serious implications for our client, we successfully secured a favorable outcome. Our client was charged with assaulting a police officer, an offence that carries significant penalties, particularly when it results in actual bodily harm. Additionally, the client was also found in possession of a prohibited weapon, a situation that compounded the gravity of the charges.

Our client was in custody and faced the possibility of a lengthy prison sentence. Through diligent legal work and skilled negotiation, we were able to achieve an excellent result. We persuaded the court to sentence our client to a Community Correction Order for 12 months for the assault charge. This outcome allowed our client to avoid incarceration while still receiving appropriate consequences for their actions.

Moreover, we were able to secure a non-conviction for the weapon possession charge. This non-conviction outcome is particularly significant, as it means that our client’s record remains unblemished by a criminal conviction, which could have severely limited their future prospects and opportunities.

Client Charged with Affray in Kings Cross

Our client faced a serious charge of affray following a brawl in Kings Cross. Affray is a significant charge that can result in severe penalties, including imprisonment. The situation was further complicated by the high-profile nature of the incident, which attracted significant public attention and scrutiny.

Leveraging our legal expertise, we skillfully negotiated with the prosecution to have the charge of affray withdrawn. This was a crucial success, as it meant that our client was no longer at risk of being convicted for a serious criminal offence. Instead, our client was sentenced to a Conditional Release Order for two years, without a conviction.

The Conditional Release Order allowed our client to avoid a criminal record while still receiving appropriate consequences for their involvement in the brawl. This result ensured that our client could move forward in life without the lasting stigma of a criminal conviction, which could have otherwise had detrimental consequences for their future.

Client Charged with Affray – Charges Dropped

In a challenging case involving a client charged with affray, we were presented with a unique set of circumstances. CCTV footage clearly showed that our client was defending a friend who was being set upon by a group of individuals. Despite our client’s noble intentions to protect their friend, they found themselves facing serious criminal charges.

Through comprehensive legal representation and persuasive arguments, we successfully convinced the authorities to drop the charges against our client. This was a significant victory, as it not only spared our client from the legal consequences of an affray conviction but also affirmed the principle of self-defence and coming to the aid of a friend in times of trouble. Our client’s exoneration in this case was a testament to our dedication and advocacy on their behalf. It ensured that they were not burdened with a criminal record or the potential penalties associated with an affray charge, allowing them to continue their life without the stain of a wrongful accusation.

  • In addition to the above, our defence lawyers have acted for numerous ex-partners of hetero and same-sex couples and raised successful defences when both couples alleged to have been violent, including with household implements and evidence of assaults and stabbings; successfully defended multiple people where ex-partner made false allegations to obtain an advantage in family law proceedings, including with expert evidence on alcohol flush reaction and obtaining medical and pshychiatric evidence to prove credibility and tendency issues;
  • We have acted for clients where calling Police was a knee-jerk over-reaction, immediately regretted and both parties needed a quiet, quick resolution.

At Green & Associates Solicitors, we act for the full range of matters. We are uniquely placed to advise and act for any person or business.

We provide in-house advice to companies on a range of matters, including:

Contact us (02) 8080 7585 if you require support with any commercial matters or legal advice.

Our domestic violence lawyers are here to help. Get the support you need with Green & Associates.

When looking for representation in Sydney, you need a domestic violence lawyer who understands how complex, nuanced and personally challenging the legal process can be.

With over 40 years of combined experience across a range of diverse criminal areas, our team will handle your case with expert care and effective strategies.

Having worked across a range of intricate, sensitive domestic violence cases, we know how to navigate complex cases, negotiate plea deals, enforce AVOs and more.

Whatever your case, get the support you deserve with Green & Associates.

We want the best outcome for our clients. We genuinely care for all our clients. Whatever your situation, we’ll use our expertise to get you a fair result.

We’re here for you. We know how stressful, triggering and emotionally charged domestic violence cases can be. We’ll help you throughout the process with dedicated care and compassionate support.

We keep it simple. We’ll simplify dense legal terminology and provide clear communication to keep you in the loop throughout the process.

We know what you need.From expert advice to proven strategies and creative thinking, our team will give your case the best chance at success.

We’re experienced. Our criminal lawyers come from a range of diverse backgrounds and will handle your case with skill, expertise and care.

We deliver results. With a 97% success rate across our entire caseload, we’ll deliver the best possible outcome for your case.

We’re always upfront. With no hidden costs and no unexpected charges, we keep all our fees upfront to give you one less thing to worry about.

We offer a discount for early payment. Pay your fees within 7 days of signing with us and we’ll provide you with a 10% discount.

We have strong local connections. We leverage our connections to leading criminal barristers, local DV advocates, police and prosecutors to get the fairest outcome for our clients.

Get in touch with our team if you need a domestic violence lawyer in the following areas:

Potts Point

Kings Cross

Woolloomooloo

Rushcutters Bay

Elizabeth Bay

Darlinghurst

Surry Hills

Take a look at our full list of service areas for more information.

We’re the domestic violence lawyer Sydney residents rely on for sensitivity, discretion and compassion throughout the process. Contact us today.

Understanding domestic violence laws in Australia

Cases involving domestic violence involve some of the most complicated and nuanced areas of NSW law. When handling a case involving domestic violence, it’s important to understand how this offence is classified under NSW law.

How is domestic violence defined by NSW law?

Unlike other states, New South Wales legislation does not provide a specific definition for domestic violence. However, Australian law defines domestic violence as physical, sexual, psychological or financial abuse perpetrated by someone who has a domestic relationship with the victim. This includes behaviour that is classed as intimidating, threatening, dominating, controlling and stalking.

Intimidation and stalking are defined as follows under the Crimes Domestic and Personal Violence Act 2007:

Intimidation is defined as approaching someone in person or via technology (smartphones, social media, etc) in a way that causes them to fear for their safety. It also includes conduct that results in the injury of a person, conduct that results in damage to a person’s property or conduct that amounts to harassment.

Stalking is defined as watching or following someone, and includes frequenting the location of another person. These locations can include the home or workplace of an individual or any place they frequently visit for social, leisure or practical purposes.

While domestic violence is most commonly associated with physical abuse, it’s important to emphasise that a person can be charged with domestic violence for psychological, financial and sexual abuse as well.

Psychological abuse can include emotional abuse and verbal abuse. Examples of psychological abuse include:

Verbal threats

Humiliating acts

Intimidating behaviour

Gaslighting

Financial abuse is one of the most underreported forms of domestic violence in relationships and is often overlooked by domestic partners. Examples of financial abuse include:

Pressuring a person to lend money, obtain a loan or sign a personal guarantee against their will

Using someone’s personal information for financial benefit without their consent

Spending money belonging to another person without their consent

Accruing debt in another person’s name without their consent

Controlling a person’s assets or income without their consent

Sexual abuse in a domestic relationship is a form of domestic violence. Examples of sexual abuse include:

Sexual assault

Aggravated sexual assault

Sexual assault by forced self-manipulation

For more information about NSW domestic violence laws, get in touch with a DV lawyer from our team today.

What is classed as a domestic relationship under NSW law?

Domestic violence is violence that occurs within a domestic relationship. Examples of a domestic relationship include the following current or former relationships:

Marriage

Living together as housemates

Relationships involving paid or unpaid care

A de facto partnership

An intimate personal relationship (sexual or non-sexual in nature)

A relative or guardian by blood or by law. This includes close and distant relations.

Culturally recognised family groups

Our team is here for you. Get in touch with the domestic violence lawyer Sydney-siders trust for discrete services, compassionate care and dedicated support.

FAQs about domestic violence in NSW

How is family violence different from domestic violence?

Family violence refers to violence between family members. While domestic violence refers to violence between intimate partners, family violence specifically refers to violence committed against a family member by another family member.

Family violence can be committed between siblings, parents and children, relatives and current or former partners.

These terms are often used interchangeably as they encompass the same forms of abuse. However, the relationship between the victim and the perpetrator is used to distinguish between the two terms.

For more information about family violence and domestic violence, contact our team.

What is a domestic violence AVO?

An apprehended violence order (AVO) is a court order that can be applied for by anyone who has experienced physical assault, threats, stalking, harassment or intimidation by a specific individual. It states that the recipient of the AVO (known as the defendant) must cease this behaviour and follow the specified guidelines, with the goal of protecting the victim before, after and/or during the proceedings.

There are two types of AVOs.

Apprehended domestic violence order (ADVO)
Apprehended personal violence order (APVO)
ADVOs can be made by the court in situations where an individual has accused the defendant of domestic violence.

The defendant can consent to the AVO, but consenting to an AVO is not an admission of guilt. This means that the defendant can agree to an AVO without admitting prior wrongdoing or validating the accuracy of any charges made against them.

The matter will be taken to court if the defendant does not consent to an ADVO. The ADVO will be approved if there is evidence showing that the accuser’s fear for their safety is reasonable under the circumstances they have outlined, or if the defendant does not appear in court.

Breaching an ADVO is considered a domestic violence offence. AVOs typically last for two years, but can be made to last for an unlimited period depending on the circumstances.

Can an AVO be disputed?
Yes. The defendant can refuse to consent to an AVO being taken out against them. If this happens, the matter will be taken before the court for a hearing.

The court will hear written statements from both the accuser and the defendant. If there is suitable evidence that the accuser’s concerns for their safety are reasonable, the AVO will be granted. Additional evidence may be allowed at the hearing from the prosecution or the defence depending on the circumstances of the case.

An interim AVO may be taken out against the defendant to protect the accused until the hearing takes place.

What is family and domestic violence leave?
Under the Fair Work Act 2009, all full-time, part-time and casual employees in Australia are entitled to receive five days of unpaid leave in situations where family violence or domestic violence occurs. This was introduced as part of the updated National Employment Standards of Australia in 2018.

Paid or unpaid family and domestic violence leave will sometimes be included in the contract of your employer, though the amount of days can vary. If your workplace provides less than the standard national entitlement for family and domestic violence leave, the standard five-day entitlement is still upheld.

For more information about family and domestic violence leave, get in touch with our team today.

Do all domestic violence cases go to trial?
No. Many domestic violence cases will not go to trial for reasons including early negotiations between the defence and the prosecution, or the withdrawal of charges by the prosecution. Charges may be withdrawn due to a lack of strong evidence or the perceived difficulty of achieving a conviction.
Can you plead not guilty to a domestic violence charge?

Yes. It is common for defendants to plead not guilty to domestic violence charges if they have been falsely accused or if they believe the charges made against them have been exaggerated.

Domestic violence is a serious offence that can have long-term consequences including jail time and a criminal record. Having a criminal record can affect your employability and preclude you from occupations requiring a Working With Children Check (WWCC). It’s important to dispute unfair, inaccurate or falsified domestic violence charges with an expert DV lawyer on your team.

At Green & Associates, we believe everyone deserves a fair trial. If you need representation in Sydney, get in touch with our dedicated criminal lawyers today.

What are the penalties for a domestic violence offence?

The penalties for domestic violence charges vary depending on the strength of the evidence, the nature of the offence and the extremity of the offence.

If found guilty, one of the following types of sentences will be imposed on the defendant:

  • Full-time jail
  • An Intensive Correction Order
  • A Community Correction Order
  • A Conditional Release Order

Intensive Correction Orders, Community Correction Orders and Conditional Release Orders all require supervision, which is generally undertaken by a community corrections officer.

In some cases, the defendant can be found guilty of a domestic violence offence and receive a non-conviction sentence. This stops the defendant from receiving a criminal record for the offence.

With a 97% success rate across over 1,500 cases, we’re the DV lawyer you need on your team. Get in touch today.

Everyone deserves legal care they can rely on. If you need legal representation for a domestic violence case in Sydney, we’re here to help. With over 40 years of combined experience, our dedicated team will give you the support you need throughout the process. Get the representation you deserve with Green & Associates — contact us today.

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