AVOs
Domestic violence offences are among the most common matters before the court today and can take various forms including physical, verbal, and emotional abuse.
Generally, the offences range from assaults on persons, stalking, harassment, and intimidating a person with the intent to harm. Apprehended Violence Orders (AVOs) may be issued to a person in need of protection from such behaviour.
Types of AVOs
- Apprehended Domestic Violence Order (ADVO) — applied where there is, or has been, a domestic or family relationship between the two parties. If you have an ADVO imposed on you, it can affect your ability to have contact with loved ones, determine where you live, travel, gain employment, or hold a firearms licence.
- Apprehended Personal Violence Order (APVO) — where there is no domestic or family relationship between the parties. A common example is a dispute between neighbours.
Speak to us if you have been issued with an AVO of any type. Similarly, we can provide advice if you are seeking an AVO. We can help you with this process, which can often be charged with emotions. We will support and guide you to achieve the best possible outcome.
Changes in Law for Coercive Control in NSW
On 1 July 2024, the final stage of legislation targeting domestic abuse and coercive control came into force with the introduction of new offence provisions in the Crimes Act 1900 (NSW).
As part of these changes, a new legal definition of ‘domestic abuse’ was introduced into the Crimes (Domestic and Personal Violence) Act 2007 (NSW) on 1 February 2024. The amendments broadened domestic violence to cover any behaviours in a domestic relationship that are:
- Violent;
- Threatening;
- Coercive or controlling; or
- Make a person fear for their safety or the safety of others.
The new definition recognises that abuse is more than physical violence and can include emotional or psychological harm, as well as financial control or abuse. It encompasses either a single act or many acts over a period. It also recognises that children suffer from domestic abuse when they witness or are directly exposed to domestic violence.
New Offence Provisions
The offence is formally called ‘abusive behaviour towards an intimate partner’ and has been inserted into s 54D of the Crimes Act 1900 (NSW). Proof of the offence requires the prosecution to establish each of the following elements:
- The accused person is an adult.
- The accused person has engaged in a course of conduct against another person that consists of abusive behaviour.
- The accused and the other person are or were intimate partners.
- The accused intends for the course of conduct to coerce or control the other person; and
- A reasonable person would consider the course of conduct likely, in all the circumstances, to cause any or all of the following (whether or not the fear is actually caused):
- Fear that violence will be used; and/or
- A serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day-to-day activities.
Course of Conduct & Timing
This is a course of conduct offence. The provision does not operate in relation to conduct that pre-dates its introduction, so there cannot be a raft of new charges from 1 July 2024 based solely on historic conduct (and a defence may be available if there is). All conduct relied upon in making out a charge must be alleged to have taken place after 1 July 2024, but it can include conduct occurring outside NSW, inside NSW, or a mix of both.
Statutory Defence of Reasonableness (s 54E)
To avoid unintended consequences, a statutory defence of reasonableness has been introduced (s 54E). This allows an accused person to address the reasonableness of their behaviour in all the circumstances.
Example: What may appear to be ‘financial abuse’ (one partner controlling all finances) may, in context, be reasonable if the other partner routinely suffers manic episodes leading to uncontrolled spending, or has a problem-gambling issue.
Need Help?
If you are facing domestic violence charges, particularly relating to coercive control, contact us as early as possible for legal advice to maximise your chances of the best outcome.
Call our team at Skene Law on 0479 173 961 or 0428 180 802.