Domestic violence or (DV) offences are serious offences an a main focus of the community, police and government in New South Wales.
Domestic violence offences can be any offence of violence, stalking, harassment, intimidation, destruction or damage of property or other conduct.
For an offence to fall under ‘domestic violence’ it must be perpetrated against a person who is in a ‘domestic relationship’ with the accused person.
What is a “Domestic Relationship”?
A domestic relationship is a very broad definition that can identify many different people including people who:
- Are or were married;
- Are or were in a de facto relationship;
- Have been in an intimate personal relationship whether sexual or not;
- Have lived in the same household;
- People who have lived as long-term residents at the same residential facility (but not a prison or detention centre);
- Have been a carer whether paid or unpaid;
- For Aboriginal and Torres Strait Islander people, anyone who is part of their extended family or kin depending on the Indigenous kinship system of that person’s culture;
A domestic relationship also extends to any two people who have been married to, in a de facto relationship with or an intimate personal relationship with the same person at some stage. An example of this would be a current partner and ex-partner of the same person.
Apprehended Domestic Violence Orders (ADVO)
If a person is found guilty of a domestic violence related offence the court will almost always make an Apprehended Domestic Violence Order which has a mandatory Condition 1 and an automatic period of 2 years.
Further conditions can be imposed upon request by the prosecution and upon the order of the Court.
See our page on Apprehended Violence Orders for more information.