In New South Wales (NSW), domestic violence is a significant concern, and the law has become increasingly strict in addressing the issue. Recent legislative changes have introduced new bail restrictions aimed at providing better protection for victims and holding offenders accountable. In this blog, we will explore the new domestic violence bail restrictions in NSW, what happens when they apply to you, and why it is crucial to seek legal representation from Nichole Orr and the team at Orr Legal.

What Are the New Domestic Violence Bail Restrictions?

The new domestic violence bail restrictions in NSW are designed to provide greater protection to victims of domestic violence by making it more difficult for offenders to be granted bail. The primary aim of these changes is to prevent further harm to victims and ensure that offenders who pose a threat to their partners, children, or other family members remain in custody while awaiting trial.

The Criminal Procedure Act 1986 (NSW) has been amended to include provisions that restrict the granting of bail for individuals accused of domestic violence-related offences, particularly when there is a risk of harm to the victim.

Key Provisions of the New Domestic Violence Bail Restrictions

  1. No Bail for Certain Domestic Violence Offences: The new restrictions impose a presumption against bail for certain domestic violence offences. This means that individuals charged with offences such as assault, threats of violence, or stalking involving domestic partners or family members may be denied bail unless they can prove to the court that there is a compelling reason why bail should be granted.
  2. Additional Considerations for Bail Decisions: When considering bail for domestic violence-related offences, the court is now required to give greater weight to the safety and protection of the victim. The court will consider factors such as:
    • Whether the victim is at risk of further harm
    • Whether there is a history of violence or threats
    • Whether there are children involved who may be at risk
  3. Tighter Conditions for Bail: If bail is granted for an individual accused of domestic violence, the court may impose stricter conditions, such as:
    • A requirement to remain a certain distance away from the victim
    • Mandatory reporting to police or a community corrections officer
    • Restrictions on contact with the victim or family members
    • The surrendering of firearms or weapons

What Happens if You Are Facing Domestic Violence Bail Restrictions?

If you are facing domestic violence bail restrictions, it is important to understand the serious implications of these changes. Hereโ€™s what you can expect:

  1. Bail Hearing: During the bail hearing, the court will assess whether you are a risk to the safety of the victim or the public. If there is evidence of previous violent behaviour or threats, the court is likely to impose restrictions or deny bail altogether.
  2. The Burden of Proof: Unlike in general criminal cases, the burden of proof is now on the accused to demonstrate why they should be granted bail. If the court determines that there is a risk to the victimโ€™s safety or the community, bail may be refused.
  3. Stringent Conditions: If bail is granted, the court will impose strict conditions to protect the victim and ensure that the accused does not re-offend. Non-compliance with these conditions can lead to the revocation of bail and possible additional charges.

Why Choose Nichole Orr from Orr Legal?

Facing domestic violence bail restrictions can be a complicated and high-stakes process. Having experienced legal counsel can make a significant difference in the outcome of your case. Nichole Orr and the team at Orr Legal offer:

  • Experienced Legal Advice: Nichole has extensive experience in criminal law, including domestic violence-related offences, and can guide you through the complex bail process.
  • Tailored Legal Strategies: Whether you are seeking bail or challenging conditions imposed on your bail, Orr Legal will develop a strategy that takes into account your circumstances, the seriousness of the offence, and the protection of the victim.
  • Advocacy for Fair Outcomes: Orr Legal is committed to ensuring that your rights are upheld while also ensuring that the safety and well-being of the victim are prioritised during legal proceedings.

Consequences of Breaching Domestic Violence Bail Conditions

Breaching the conditions of a domestic violence bail order can lead to severe consequences, including:

  • Revocation of Bail: If you fail to comply with bail conditions, such as contacting the victim or remaining a specified distance away from their residence, bail may be revoked and you may be remanded in custody until your trial.
  • Additional Charges: A breach of bail conditions can lead to additional criminal charges, which can result in increased penalties if you are found guilty.
  • Imprisonment: If bail is revoked due to a breach of conditions, you may be held in custody until the outcome of your case, potentially leading to a longer sentence if convicted.

The new domestic violence bail restrictions are intended to increase the protection of victims and ensure that offenders are held accountable for their actions. If you are facing these restrictions, it is crucial to have skilled legal representation like Nichole Orr from Orr Legal to help you navigate the complex legal process.