This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Sentencing for domestic violence offences

For discussion of the principles and approach when sentencing for a domestic violence offence: see Sentencing Bench Book at [63-500] and “Sentencing for domestic violence in the Local Court”, Sentencing Trends and Issues, No 48, Judicial Commission of NSW, 2022.

Recording on criminal record of domestic violence offence

If a person pleads guilty to an offence or is found guilty of an offence and the court is satisfied that the offence was a domestic violence offence, the court is to direct that the offence be recorded on the person’s criminal record as a domestic violence offence: s 12(2).

The recording on a person’s criminal record that an offence is a domestic violence offence will be relevant to ss 7 and 8 of the Act, where previous behaviour constituting a domestic violence offence is taken into account for the purpose of determining whether a person’s behaviour amounts to intimidation or stalking, and to ss 27 and 49 of the Act, which require police to make applications for apprehended domestic violence orders in situations where the person in question has already committed a domestic violence offence. Section 21A(2)(d) of the Crimes (Sentencing Procedure) Act 1999 provides that a record of previous convictions is an aggravating factor to be taken into account when determining the appropriate sentence for an offence.

Bail

An indication in the charge for an offence that a person has committed a domestic violence offence will be relevant in bail proceedings in determining whether there are any “unacceptable risks” in the granting of bail to the person. The accused’s behaviour which may constitute domestic abuse under s 6A(2) is a matter to be considered in the bail assessment. Serious domestic violence offences (which include offences under Pt 3 of the Crimes Act 1900, committed against an intimate partner, with a maximum penalty of 14 years imprisonment or more) and coercive control offences under s 54D Crimes Act are “show cause” offences pursuant to s 16B(1) Bail Act 2013. For a grant of bail in relation to a serious domestic violence offence, an electronic monitoring condition must be imposed unless sufficient reasons exist, in the interests of justice, to justify not imposing the condition: s 28B(1), (2) Bail Act. See also Bail at [20-000].

Apprehended violence orders

See Apprehended violence orders at [22-000].

Serious domestic abuse prevention orders

Part 10A provides for serious domestic abuse prevention orders (SDAPOs), a civil protection order scheme.

Section 87B(1) provides an “appropriate court” may, on the application of an “eligible applicant”, make a SDAPO against a person if:

Section 87A contains definitions, including:

The court must have regard to the views of: a family member, a former or current intimate partner of the person, and/or a person in a domestic relationship with an intimate partner of the person: s 87B(6). Hearsay evidence may be admitted in certain circumstances: s 87B(7).

Section 87C provides for the prohibitions, restrictions, and any other requirements, which may be imposed in a SDAPO. The duration of a SDAPO must not exceed five years: s 87D(2). To the extent of any inconsistency, a SDAPO will prevail over an ADVO: s 87I.

The court that makes a SDAPO may vary or revoke it (s 87G) or an existing ADVO: s 87H.