How to beat domestic violence charges in NSW

Let’s be blunt. You do not “beat” a domestic violence charge with a clever story. You beat it by forcing the prosecution to prove every element beyond reasonable doubt, then using lawful defences and evidence gaps to your advantage.

Also, “domestic violence” in NSW is not one single charge. It is usually a standard criminal charge (like common assault Law Part Code 64782) that is recorded as a domestic violence offence because of the relationship, or it is an AVO breach Law Part Code 103263, or it is a stalking or intimidation charge with Law Part Code 70753.

1) Know what you are actually charged with

The strategy depends on the charge.

1. Common assault (often the most common DV charge).
2. Crimes Act 1900 (NSW) s 61: maximum 2 years.
3. Assault occasioning actual bodily harm (AOABH).
4. Crimes Act 1900 (NSW) s 59: maximum 5 years, or 7 years if “in company.”
5. Stalking or intimidation with intent to cause fear of physical or mental harm.
6. Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13.
7. Contravene an AVO (including ADVO).
8. Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 14: you must “knowingly” contravene a restriction or prohibition.

If you want a plan that fits your case, you start by matching your evidence strategy to the exact section.

2) The prosecution’s weak points in DV matters

Most DV prosecutions rise or fall on credibility, reliability and proof, not courtroom theatrics.

A. Inconsistent versions and delayed complaints

Compare the first account (000 call, first statement, first body worn video) to later statements.

Look for shifting details, escalation over time, and missing key facts early on.

If the story changes, that may be your leverage.
B. Body worn video and the “first five minutes”

Police body worn video often captures the most honest version: tone, injuries, intoxication, and what was actually said.

If police did not capture key observations, that can cut both ways, but it often creates doubt.

C. Injuries and “actual bodily harm”

For s 59 AOABH, the Crown must prove the assault occasioned actual bodily harm.
The injury must be more than trivial. If medical records do not match the allegation, you may attack causation and severity.

D. Intent is often assumed, but it must be proved

For s 13 stalking or intimidation, the Crown must prove intent to cause fear of physical or mental harm. If the conduct is messy relationship conflict but not intended to cause fear, intent is a major battleground.

E. “Knowingly” breaching an AVO

For s 14, the prosecution must prove a knowing contravention of an AVO condition.

Common issues:

• Service and proof you knew the exact conditions.
• Ambiguity about what the order prohibited.
• Whether the alleged conduct actually fits the wording.
  

3) The standard of proof

To convict, the court must be satisfied beyond reasonable doubt. If the evidence leaves a reasonable doubt, the charge should fail. (High Court authority commonly cited in criminal trials includes Pell v The Queen (2020) 268 CLR 123.)

4) Defences that actually win DV cases

You do not throw every defence at the wall. You pick the one supported by evidence.

A. Self-defence

If you acted to defend yourself (or another), and your response was reasonable in the circumstances as you perceived them, self-defence can defeat an assault charge.

B. Lack of intent or accident

If the prosecution cannot prove you intended or were reckless as to the assault, that creates reasonable doubt in many assault scenarios. NSW assault principles recognise assault can be intentional or reckless.

C. Consent (limited relevance)

Consent can matter in some factual contexts, but in DV allegations it is often not the real issue.

D. Identity and reliability

Sometimes the issue is simply “was it you” or “is this version reliable.” In DV matters with alcohol, chaos, and cross-allegations, reliability is a frequent fault line.

5) What to do immediately if you want the best chance of beating it

1. Exercise your right of silence with police. No “just explaining.” You are building the prosecution brief for them.
2. Lock down your evidence fast: messages, call logs, photos, CCTV, medical notes, witnesses.
3. Get the body worn video and the event narrative early and analyse inconsistencies.
4. Do not breach the ADVO even if the other person contacts you. A breach is its own charge.
5. Do not contact witnesses or “sort it out.” That can create fresh charges or bail problems.
   

6) Outcomes that “beat” the case without a trial

Sometimes the smartest win is not a contested hearing.

• Withdrawal by police/DPP after representations.
• Downgrade to a lesser charge.
• Diversionary outcomes are limited and fact specific.
• In AVOs: negotiating conditions can reduce risk even when the criminal charge is defended.

If you are facing domestic violence related charges in NSW, treat it like a real threat, because it is. The fastest way to ruin your case is to freeload off hope and bad advice.

Pannu Lawyers are the best criminal lawyers in Blacktown. If you want a serious defence strategy, get proper advice early, before the brief hardens and your options shrink.