Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully defended clients against various domestic violence charges, ensuring the best possible outcomes. Our victories demonstrate our unwavering commitment to protecting our clients' rights and freedoms.
Domestic Violence Law Expertise
Our team has in-depth knowledge of domestic violence laws. We expertly navigate the complexities of the legal system to ensure the best possible outcome for our clients.
Personalised Approach
We understand every domestic violence case is unique. We take the time to understand your situation and tailor a strategy to achieve the best possible outco
Flexible Payment Options
We offer flexible payment plans to ensure you can access top-tier legal defence without financial strain.
Types of Domestic Violence Cases We Handle
PHYSICAL ABUSE
We provide robust defence strategies for clients charged with physical abuse, aiming to minimise penalties or achieve dismissals through thorough investigation and strategic legal arguments.
EMOTIONAL ABUSE
Our lawyers have extensive experience defending clients accused of emotional abuse, focusing on protecting your rights and achieving the best possible outcome.
SEXUAL ABUSE
We handle cases involving allegations of sexual abuse within domestic settings, ensuring thorough and strategic defence to protect your freedom and reputation.
Financial abuse
We defend clients against charges of financial abuse, working tirelessly to protect your rights and achieve the best possible outcome.
PROTECTION ORDERS
We assist clients in challenging or defending against protection orders, ensuring a fair and just legal process.
OTHER DOMESTIC VIOLENCE-RELATED OFFENCES
We handle a wide range of domestic violence-related charges, including stalking, harassment, and violation of protection orders, providing comprehensive defence services.
Protecting Your Rights: Actions We Can Take
At O’Brien Criminal and Civil Solicitors, our domestic violence defence team understands the urgency of safeguarding your freedom. Here are some ways we can help you:
Mitigation Strategies
We work to reduce charges and penalties through strategic negotiations and legal arguments.
Seeking Bail
Our lawyers are experienced in applying for bail and ensuring you have the best chance of being released while awaiting trial.
Negotiating Settlements
We aim to achieve favourable plea deals or dismissals through effective negotiation.
Litigating in Court
If necessary, we vigorously defend you in court to achieve the best possible outcome.
The most effective course of action depends on the nature of your case and the severity of the charges. Our lawyers will carefully evaluate all options and advise you on the path most likely to achieve your desired outcome.
Let us guide you through this difficult time. Contact the expert domestic violence lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our legal team.
Meet Our Domestic Violence Defence Team
With over a decade of experience, our domestic violence defence team has made us one of Australia’s leading criminal defence firms. Led by firm founder and Principal Peter O’Brien, our dedicated and enthusiastic team has defended clients in courts all over the country, including in the High Court of Australia.
No matter how big or how small your case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Sidnie Sarang
Criminal Solicitor
Wilson Tighe
Criminal Solicitor
Elliot Rowe
Criminal Solicitor
Bethany Burns
Criminal Solicitor
Timothy Rayner
Criminal Solicitor
Matthew Hudson
Practice Manager
Mark Barnaville
Paralegal
Jackson Phillips
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The Domestic Violence Defence Process
1. Free Initial Consultation
If you are facing domestic violence charges, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our domestic violence lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your Case: Your lawyer will meticulously gather evidence and develop a strategic defence, which may involve negotiating with prosecutors or preparing for trial.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome – whether that involves negotiating a plea deal, getting charges dismissed, or representing you in court proceedings.
Remember: Domestic violence law is complex and seeking expert legal advice is crucial. Our experienced solicitors are here to guide you every step of the way and fight to protect your freedom.
What to Do if You've Been Charged with Domestic Violence
Being charged with domestic violence is a serious matter that can impact your freedom, reputation, and relationships. Here’s what to do to protect your rights and build a strong defence:
- Stay Calm and Compliant
- Remain Silent: Politely inform the police that you wish to remain silent and request a lawyer immediately. Anything you say can be used against you in court.
- Cooperate with Police: Do not resist arrest or argue with the police. Remaining calm and compliant can help avoid additional charges or complications. .
- Document Everything
- Record Details: As soon as possible, write down everything you remember about the incident, including the time, location, people involved, and any conversations with the police.
- Collect Evidence: Gather any evidence that may support your defence, such as photographs, medical reports, and contact information of any witnesses.
- Contact a Domestic Violence Lawyer Immediately
- Seek Legal Advice: A specialist domestic violence lawyer will assess your situation, advise you on your rights, and develop a strategy to protect your interests.
- Understand Charges: Your lawyer will explain the charges against you, potential penalties, and your options for defence.
- Bail Application: If you are taken into custody, your lawyer can assist with applying for bail to secure your release while awaiting trial.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your lawyer. This includes family, friends, and social media, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Avoid Retaliation
- No Retaliation:Do not retaliate against your partner or anyone you suspect called the police. Retaliatory actions can lead to further charges and complicate your defence.
- Follow Legal Advice: Follow the guidance of your lawyer and comply with any court orders or conditions of bail.
- Prepare for Court
- Legal Representation: Ensure you have a competent lawyer to represent you in court. Your lawyer will guide you through the legal process, prepare your defence, and advocate on your behalf.
- Court Appearance: Attend all scheduled court dates. Failure to appear can result in additional charges and a warrant for your arrest.
- Know Your Rights
- Right to a Fair Trial:You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your lawyer can help you present a strong case for your release.
- Act Quickly
- Timely Action:The sooner you contact a lawyer, the better your chances of building a strong defence and protecting your rights.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your defence.
Remember: Don’t face this alone. Let the domestic violence defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Natasha Myler
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Ruen Motto
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Jonah Yahud Islam
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
Danny Lane
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
K Wong
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
Chris
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Ingrid Kelly
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Blake Hopkinson
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
Anika-Devi Madision
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
Shina Khan
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
Savanna Elias
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
Eme
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Domestic Violence Law
How long does a domestic violence charge stay on your record in Australia?
In Australia, a domestic violence conviction generally remains on your criminal record permanently. However, some jurisdictions offer spent conviction schemes:
- For less serious offences, convictions may become 'spent' after 10 years without further offences (5 years for juvenile offenders).
- Spent convictions don't appear on standard police checks but may still be disclosed for certain purposes.
- More serious domestic violence offences are typically ineligible to become spent.
The specific rules vary by state and territory. In NSW, for example, some domestic violence offences can become spent after 10 crime-free years, but others remain on record indefinitely. Seeking legal advice is crucial to understand how your specific case may be treated.
What are the punishments for domestic violence in Australia?
Punishments for domestic violence in Australia can include:
- Fines: Up to $10,000 for breaching protection orders
- Imprisonment: From 2 years for common assault to 25 years for grievous bodily harm
- Protection orders: Restricting contact with the victim
- Mandatory intervention programs or counselling
- Criminal record: Affecting employment and travel opportunities
- Loss of firearms licenses
- Impacts on child custody arrangements
Penalties vary by jurisdiction and offence severity. Recent trends show stricter enforcement and harsher sentences. Courts consider factors like offence nature, harm caused, offender's history, and rehabilitation prospects when determining sentences. Experienced legal representation is crucial to navigate this complex area of law.
What counts as domestic violence in Australia?
In Australia, domestic violence encompasses a range of behaviours within intimate or family relationships, including:
- Physical abuse: Hitting, pushing, or using weapons
- Sexual abuse: Non-consensual sexual acts or coercion
- Emotional/psychological abuse: Threats, intimidation, or controlling behaviour
- Financial abuse: Restricting access to money or resources
- Stalking and harassment
- Damage to property
- Technology-facilitated abuse: Using devices to control or monitor
- Child abuse or exposure to family violence
Importantly, domestic violence isn't limited to physical acts. It includes any behaviour that causes fear, controls the victim, or impacts their wellbeing. Australian law recognizes various relationship types, including current/former partners, family members, and people in care relationships. Understanding these broad definitions is crucial for both victims seeking protection and those accused of offences.
What are the sentences for domestic violence in Australia?
Sentences for domestic violence in Australia vary widely based on offence severity and jurisdiction:
- Common assault: Up to 2 years imprisonment
- Assault causing actual bodily harm: Up to 5 years
- Grievous bodily harm: Up to 25 years in severe cases
- Sexual assault: Up to 14 years, or 25 years if aggravated
- Breaching protection orders: Up to 2 years and/or fines
- Persistent family violence (WA): Up to 14 years
Courts consider factors like injury severity, premeditation, and the offender's history. Alternative sentencing options may include community service, rehabilitation programs, or suspended sentences for less serious first-time offences. However, there's a trend towards stricter sentencing, especially for repeat offenders. Mandatory minimum sentences apply in some jurisdictions for certain domestic violence offences.
Can you sue for domestic violence in Australia?
Yes, you can sue for domestic violence in Australia through civil litigation. Victims can seek compensation for:
- Physical injuries
- Psychological trauma
- Lost income
- Medical expenses
- Property damage
This is separate from criminal proceedings and can be pursued even if there's no criminal conviction. The process typically involves:
- Filing a statement of claim
- Gathering evidence (medical records, police reports, witness statements)
- Negotiating a settlement or going to trial
Time limits apply, usually 3-6 years from the incident, depending on the state. While challenging, successful claims can provide financial support for recovery and a sense of justice. Consulting a lawyer experienced in domestic violence cases is crucial to navigate this complex process.
What is the domestic violence act in Australia?
Australia doesn't have a single national domestic violence act. Instead, each state and territory has its own legislation:
- NSW: Crimes (Domestic and Personal Violence) Act 2007
- Victoria: Family Violence Protection Act 2008
- Queensland: Domestic and Family Violence Protection Act 2012
- Western Australia: Restraining Orders Act 1997
- South Australia: Intervention Orders (Prevention of Abuse) Act 2009
- Tasmania: Family Violence Act 2004
- ACT: Family Violence Act 2016
- Northern Territory: Domestic and Family Violence Act 2007
These acts define domestic violence, outline protection measures, and set penalties for offenders. They typically cover physical, sexual, emotional, psychological, and economic abuse. The federal Family Law Act 1975 also addresses family violence in relation to child custody and property settlements. Despite variations, all jurisdictions treat domestic violence as a serious criminal offence.
What should I do if I'm charged with domestic violence?
If you're charged with domestic violence in Australia:
- Remain calm and exercise your right to silence
- Contact an experienced criminal defence lawyer immediately
- Comply with any police orders or bail conditions
- Gather evidence and witness statements to support your case
- Don't contact the alleged victim or discuss the case with others
- Consider seeking counselling or support services
- Prepare for court appearances with your lawyer's guidance
- Explore potential defences or plea options
- Be prepared for potential consequences (fines, imprisonment, intervention orders)
- Consider long-term impacts on employment, travel, and family law matters