Domestic Violence Charges

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Our Expertise Includes:

• Defence against a wide range of allegations: physical harm, emotional abuse, harassment, intimidation, and financial abuse
• Legal guidance and representation for those seeking or contesting ADVOs and FVOs
• Collaboration with family law experts to address parenting and custody issues
• Clear advice on navigating the court process and managing the potential outcomes

Taking the Next Step: Whether you're facing charges or need protection, early legal intervention is essential. Contact Andrew Byrnes Law Group today for a free initial consultation.

Frequently asked questions

What conduct counts as domestic violence under ACT law?

The Family Violence Act 2016 (ACT) defines family violence broadly. It includes physical violence, threats, sexual abuse, emotional and psychological abuse, economic abuse, stalking, harassment, damage to property, and harm to animals where used to coerce a family member. The Act focuses on patterns of coercive and controlling behaviour as well as single incidents.

Can criminal charges run alongside a Family Violence Order?

Yes. Criminal charges (assault, breach of FVO, intimidation, property damage) and Family Violence Order proceedings frequently run together in the ACT Magistrates Court. Strategic coordination between the criminal defence and the protection order proceedings is essential.

Will a domestic violence charge affect my access to my children?

Possibly. Family Court of Australia parenting orders consider family violence as a primary consideration. An interim FVO can restrict contact, and a domestic violence charge or conviction is highly relevant to Family Court parenting decisions. Coordinated defence with awareness of the family law dimension is critical.

Can the complainant withdraw or drop domestic violence charges?

No. Once police lay charges, the decision to continue or discontinue prosecution rests with ACT Policing or the Director of Public Prosecutions, not the complainant. The complainant's wishes are a factor but not determinative. Domestic violence prosecutions frequently proceed despite victim withdrawal.

What sentences typically apply for domestic violence convictions in the ACT?

Sentences vary by the underlying offence (assault, AOABH, breach of FVO, property damage). Domestic violence is treated as an aggravating factor in sentencing under the Crimes (Sentencing) Act 2005 (ACT). Outcomes range from good behaviour orders and Intensive Correction Orders to full-time imprisonment in serious cases.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.