Common Assault

Common assault in a domestic violence context involves conduct that causes another person to fear imminent unlawful physical violence. It does not necessarily require physical contact.

Common assault occurs when a person causes another to fear immediate unlawful violence, even if no physical contact occurs.

What is Common Assault?

In a domestic violence context, these charges often involve allegations of violence, intimidation, stalking, or harassment against a spouse, partner, or family member. Examples of common assault include:

  • Hitting, pushing, or kicking someone.
  • Spitting at someone.
  • Threatening to harm someone.
  • Raising a fist as if to strike.
  • Throwing objects at someone.
  • Restraining another person against their will.

Elements the Prosecution Must Prove

The prosecution must prove:

  • A domestic or intimate relationship exists between the parties (e.g., spouses, de facto partners, family members, carers, or Indigenous kinship relationships).
  • Your conduct caused the other person to fear unlawful violence or involved non-consensual physical contact.
  • The other person did not consent to your actions.
  • Your actions were intentional or reckless.
  • You did not have a reasonable and lawful excuse for your conduct.

Possible Defences

Possible defences include:

  • Duress or coercion.
  • Self-defence.
  • Necessity (to prevent serious harm or danger).
  • Reasonableness of the conduct.

Potential Penalties

Depending on the severity of the case, common assault in a domestic violence context can result in:

  • Up to 2 years imprisonment.
  • Fines of up to $5,500.
  • A violence restraining order to prevent further harm.
  • Other penalties such as:
    • Dismissal of charges and conditional discharge (SECT 10).
    • Conditional release orders (SECT 9).
    • Community correction orders (SECT 8).
    • Intensive correction orders (SECT 7).
    • Custody.

Legal Process
& Options

Contact Brightstone Legal at (02) 9223 1999 for professional legal advice.

Pleading
Not Guilty

If you choose to plead not guilty, we will assess the evidence, develop a strong defence, and challenge the prosecution’s case. Contact our legal team as soon as possible to discuss your options.

Pleading
Guilty

If the evidence against you is strong and a conviction is likely, pleading guilty early may offer advantages. However, it is crucial to understand the legal consequences.

Frequently Asked Questions
Domestic violence

If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.

Here is some general information about various domestic violence charges and how our criminal defense team can help you:

Domestic violence

If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.

Economic Abuse

Definition : Economic control is the manipulation and restriction of a victim's economic resources to control their behavior and freedom.

Expression :

  • Prohibiting the victim from working or limiting their job options
  • Control over the victim’s income, bank accounts, and financial decisions
  • Denying living expenses or depriving victims of basic necessities

Impact : Financial control can cause victims to lose their financial independence, increase their dependence on the abuser, and make it difficult to escape the violent relationship.

Psychological/Emotional Abuse

Definition : Emotional or psychological abuse is the violation and control of the victim's psychological well-being through words, behavior or other means.

Expression :

  • Persistently demeaning, insulting, or humiliating the victim
  • Threatening, intimidating or manipulating the victim
  • Isolate the victim and limit contact with family and friends
  • Threatening victims with children or pets

Impact : Emotional abuse can seriously affect the victim's self-esteem and confidence, and may lead to psychological problems such as anxiety and depression.

Specific types of domestic violence

Domestic violence includes physical violence, mental/psychological abuse, sexual violence, economic control and social isolation. These forms of violence control and infringe upon the victim through physical harm, verbal insults, forced sexual behavior, economic manipulation and social restriction, causing serious physical and mental health problems and long-term psychological trauma, and causing the victim to lose self-esteem, freedom and external support.

The following are the specific types:

Legal consequences of domestic violence

1. Criminal penalties

  • Physical violence : Under the Criminal Code, engaging in physical violence can result in severe criminal penalties, including imprisonment.
  • Harassment and intimidation : Continuous harassment and intimidation may constitute a criminal offense and is punishable by law.

2. Breach of a domestic violence order

  • Violating a protection order : If the offender violates a protection order, they may face fines, jail time, or other legal consequences.
Legal framework on domestic violence

1. State and Territory Laws

  • Each state and territory has its own laws to deal with family violence cases, for example, the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales and the Family Violence Protection Act 2008 in Victoria.

2. Domestic Violence Orders ( DVOs )

  • Protection Orders : Used to prevent further domestic violence, protection orders may include prohibiting the offender from approaching or contacting the victim.
  • Temporary Protection Orders : In emergency situations, victims can apply for a Temporary Protection Order to protect their safety immediately .

3. Criminal Code

  • Physical Violence : Using physical violence can result in severe criminal penalties, including imprisonment.
  • Harassment and intimidation : Continuous harassment and intimidation may also constitute a criminal offense and be punishable by law.
What steps should I take immediately after being charged with a criminal offence?

It's crucial to consult with a criminal defence lawyer as soon as possible to understand your rights and legal options. Contact us promptly to schedule a free consultation and start building your defence strategy.

How can a criminal defence lawyer help improve my case's outcome?

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