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Domestic Violence

Specialist DV Defence in the Hills District and Sydney CBD

In New South Wales, domestic violence is not a standalone charge. It is a specific designation added to criminal offences such as assault, stalking or property damage when the parties are in a domestic relationship. This label triggers mandatory police intervention, stricter bail requirements and a presumption that an Apprehended Domestic Violence Order (ADVO) will be issued.

At Hughes Law, we provide a sophisticated and highly strategic defence for all domestic violence allegations. Led by principal Belinda Hughes, a former Senior Police Prosecutor, we have an intimate understanding of the police “Standard Operating Procedures” for DV call-outs. We use this insider knowledge to deconstruct the prosecution brief and ensure your rights are protected in a system that often moves to charge first and investigate later.

Specialist Domestic Violence Legal Services

We provide expert advocacy for all charges carrying a domestic violence designation under the Crimes Act 1900:

  • Common Assault (DV): Allegations involving intentional physical contact or threats that cause a person to fear immediate violence.
  • Assault Occasioning Actual Bodily Harm (AOABH): Charges involving injuries like bruising or swelling that are more than merely transient.
  • Stalking or Intimidation: Behaviour intended to cause fear of physical or mental harm, including technology-facilitated harassment.
  • Contravene ADVO: Providing an urgent defence for allegations of breaching AVO conditions, which the courts view with extreme seriousness.
  • Malicious Damage to Property: Intentionally damaging items belonging to a partner or family member during a domestic dispute.
  • Coercive Control: Specialist representation for new laws regarding patterns of abusive behaviour intended to isolate or control a partner.

The Hughes Law Strategic Advantage

Domestic violence cases are unique because the police often proceed with charges even if the alleged victim does not want to give evidence. We focus on:

  • Identifying Evidentiary Gaps: We look for inconsistencies between the initial Triple Zero (000) call, the body-worn camera footage and the formal police statements to create reasonable doubt.
  • Challenging “Show Cause” Bail: Many DV offences require you to “show cause” as to why you should not be kept in custody. We specialise in preparing the robust bail packages required to secure your release.
  • Negotiating with Prosecutors: We often successfully negotiate to have charges withdrawn or downgraded by highlighting flaws in the evidence or a clear lack of intent.
  • Integrated Family Law Advice: A DV charge has immediate impacts on your rights in the Family Court. We provide guidance to ensure your criminal defence does not compromise your future relationship with your children.

Protecting Your Record and Your Future

A conviction for a domestic violence offence can result in a permanent criminal record and the immediate revocation of firearms and security licences. Our primary goal is often to secure a Non-Conviction Order.

What a Non-Conviction means for you:

  • No Criminal Record: The court finds the offence proven but chooses not to record a formal conviction.
  • Protect Your Employment: You can truthfully tell employers that you do not have a criminal conviction for a violence offence.
  • Avoid Mandatory Sentencing: A non-conviction prevents the automatic penalties that would otherwise apply to DV offenders.

Request a Confidential Case Assessment

Domestic violence matters move at high speed. You will often be required to appear in court within days of an arrest. Do not attend court without an expert who understands the system from the inside.

Call 0422 388 370 | Email: [email protected]

Sydney CBD Office: Level 21, 233 Castlereagh Street, Sydney NSW 2000 

Hills District Office: Level 5, Nexus Norwest, 4 Columbia Court, Baulkham Hills NSW 2153

Suburbs We Serve

Our specialist legal services extend across the following areas, ensuring you have a local lawyer who understands the Sydney and Hills District court systems:

  • The Hills District: Baulkham Hills, Castle Hill, Kellyville, Norwest, Bella Vista, Beaumont Hills, Rouse Hill, North Kellyville, West Pennant Hills, and Dural.
  • Sydney CBD and Inner City: Sydney City, Haymarket, Surry Hills, Pyrmont, Ultimo, Darlinghurst, and Glebe.
  • Western Sydney: Parramatta, Blacktown, Seven Hills, Toongabbie, Northmead, Penrith, and Westmead.

    Frequently Asked Questions

    What is "Coercive Control" in NSW?
    Coercive control is a relatively new criminal offence in NSW. It involves a “course of conduct” (multiple acts over time) used to control or dominate a partner. This can include financial abuse, isolating you from friends or monitoring your movements. These cases are highly subjective and require a technical defence.
    Can I go home if there is an ADVO against me?
    If the ADVO contains an “Exclusion Order,” you are legally barred from entering the premises. We can apply to the court to have this condition removed or changed, especially if the complainant is happy for you to return or if you have nowhere else to go.
    What happens if I accidentally breach my AVO?
    There is no such thing as an “accidental” breach in the eyes of the police. Any contact that violates a condition can lead to an arrest and a charge of “Contravene ADVO.” If you have been charged with a breach, contact us immediately as the courts take these matters extremely seriously.
    Do I need a different lawyer for my Family Court case?
    While we focus on the criminal charges, the results of your criminal case will be used as evidence in the Family Court. We work to ensure your criminal defence is “Family Court friendly” so that an admission or a conviction doesn’t result in you losing access to your children.
    Why did the police charge me if my partner didn't want them to?
    NSW Police have a “Pro-Arrest” policy for domestic violence. If they see evidence of an assault or a threat, they are directed to lay charges even if the alleged victim begs them not to. We specialise in navigating these cases where the “victim” is a reluctant witness for the prosecution.
    Should I give a statement to the police?
    No. We strongly advise that you do not participate in a police interview until you have spoken to us. Information you provide “off the cuff” can be used against you in court, even if you were just trying to explain your side.