Domestic Violence Matters
Domestic violence charges, related AVOs and breach of AVO proceedings. We act for both accused persons and protected persons.
Facing a Domestic Violence Charge
Domestic violence allegations are treated seriously by police and by the courts, and they often involve a criminal charge, an AVO and family law issues running in parallel. If you have been charged, you are entitled to proper representation and a fair process, and early decisions about bail, contact and plea affect everything that follows. We act with discretion and a clear plan from the outset.
Domestic Violence Charges and Related AVO Proceedings
Common charges include common assault, intimidation, stalking, contravene AVO and, in more serious matters, strangulation offences under section 37 of the Crimes Act. These frequently run alongside an ADVO application arising from the same events.
What Happens After Police Are Called
Once police are called to a domestic incident, they will usually take statements, may arrest and charge a person on the spot, and will often apply for a provisional AVO. Bail is then decided at the same time.
How these matters are run
Bail, Contact and the Evidence
Bail conditions in domestic violence matters commonly include no contact with the alleged victim and exclusion from a shared home, though conditions can sometimes be tailored where it is safe and appropriate. Evidence typically includes the complainant's statement, any triple zero call, photographs of injuries and text messages.
Consequences Beyond the Court Case
Defending a charge requires careful handling of sensitive evidence, including cross-examination conducted within the protections the Evidence Act gives domestic violence complainants. A domestic violence matter can also affect parenting arrangements, employment and firearms licensing, so we coordinate with family lawyers where children or property are also in dispute.
How Shah & Co Lawyers can assist
We handle these matters with the discretion they need, for you and for your family.
Defending DV Charges
Representation in assault, intimidation, stalking and contravene AVO charges arising in a domestic context.
Strangulation Offences
Defence of strangulation and choking offences under section 37 of the Crimes Act.
Bail and Accommodation
Advice on bail and accommodation arrangements consistent with AVO conditions.
Coordination With Family Lawyers
Coordination where children or property matters are also in dispute.
Sentencing Material
Preparation of sentencing submissions, counselling and behaviour change program material where appropriate.
Acting for Protected Persons
Acting for protected persons in private applications and at hearing.
What the court considers
- The nature and history of the relationship between the parties.
- Any pattern of prior incidents or existing orders.
- The safety of the protected person and any children involved.
- Steps taken since the incident, including counselling or programs.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other criminal law services
Police Interviews
Advice and representation before, during and after a police interview. We protect your right to silence and your right to legal representation.
Learn moreBail Applications
Urgent bail applications in the Local, District and Supreme Court, prepared quickly and properly, with release plans, sureties and supporting material.
Learn moreDrug Offences
Possession, supply, ongoing supply, deemed supply, importation and drug driving matters under the Drug Misuse and Trafficking Act and the Criminal Code.
Learn moreAssault Offences
Common assault, assault occasioning actual bodily harm, reckless wounding, grievous bodily harm and affray. Defence, plea and sentencing representation.
Learn moreTraffic Offences
Drink driving, drug driving, dangerous driving, negligent driving occasioning death or grievous bodily harm, licence appeals and habitual offender declarations.
Learn moreAVO Matters
Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders. Defending applications and applying for orders on instructions.
Learn moreSpeak with a solicitor about your domestic violence matter.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.