Specialist Domestic Violence Lawyers

Your Freedom Deserves Our Expertise

Trusted & Recommended by Clients. LED by Accredited Specialists

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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. 

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.

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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: 

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.

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:

  1. Filing a statement of claim
  2. Gathering evidence (medical records, police reports, witness statements)
  3. 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:
  1. Remain calm and exercise your right to silence
  2. Contact an experienced criminal defence lawyer immediately
  3. Comply with any police orders or bail conditions
  4. Gather evidence and witness statements to support your case
  5. Don't contact the alleged victim or discuss the case with others
  6. Consider seeking counselling or support services
  7. Prepare for court appearances with your lawyer's guidance
  8. Explore potential defences or plea options
  9. Be prepared for potential consequences (fines, imprisonment, intervention orders)
  10. Consider long-term impacts on employment, travel, and family law matters
Remember, a charge doesn't equal guilt. A skilled lawyer can help navigate the legal process, protect your rights, and work towards the best possible outcome. Early intervention is crucial in domestic violence cases.

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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