OUR METHOD

Our Domestic Violence Defence Method

A framework for understanding domestic violence allegations, evidence and defence preparation.

Principal Solicitor, Core Defence Lawyers

Last reviewed: Last reviewed 15 January 2025 · First published 1 July 2024

This page is general information about the law in New South Wales, not legal advice. It does not create a solicitor–client relationship. For advice on your circumstances, speak with a lawyer.

Domestic violence proceedings are often discussed in terms of allegations.

The legal process is concerned with something more complex.

Evidence.

Many people enter the criminal justice system believing the central issue is whether an allegation has been made.

That is rarely the real issue.

The more important questions are:

What is alleged?
What evidence exists?
How reliable is that evidence?
What does the evidence establish?
What legal consequences may follow?

The Core Defence Domestic Violence Method has been developed as a framework for analysing and preparing domestic violence matters.

Its purpose is not to replace legal judgment.

Its purpose is to promote careful, disciplined and systematic analysis.

Every matter is different.

Every allegation is different.

Every client is different.

However, many domestic violence matters can be understood through the following ten-stage framework.

STAGE ONE

Immediate Risk Assessment

The first priority is understanding the immediate consequences of the allegation.

Domestic violence allegations can have consequences extending far beyond the criminal proceedings themselves.

Relevant considerations may include:

Bail conditions.
ADVO proceedings.
Exclusion from the family home.
Parenting arrangements.
Employment consequences.
Firearms licence implications.
Immigration consequences.
Professional licensing issues.

Before any long-term strategy can be developed, the immediate risks should be identified and understood.

The objective of this stage is not to determine guilt or innocence.

The objective is to understand the immediate practical realities confronting the individual.

STAGE TWO

Allegation Analysis

The second stage involves understanding precisely what is alleged.

This may appear straightforward.

In practice, it often is not.

Important questions frequently include:

Who made the allegation?
When was it first reported?
How many versions of events exist?
Has the account changed over time?
Which allegations are central?
Which allegations are peripheral?

Effective preparation begins with clarity.

A defence strategy cannot be developed without first understanding the allegation itself.

STAGE THREE

Evidence Review

Allegations commence proceedings.

Evidence determines outcomes.

For that reason, careful examination of available evidence is often one of the most important stages in the process.

Potential sources of evidence may include:

Police statements.
Body-worn video.
CCTV footage.
Text messages.
Social media communications.
Medical records.
Photographs.
Audio recordings.
Call records.
Independent witnesses.

The objective is not merely to collect evidence.

The objective is to understand what the evidence demonstrates.

STAGE FOUR

Credibility Assessment

Many domestic violence matters involve competing accounts.

Accordingly, questions concerning reliability and credibility frequently arise.

Assessment may involve consideration of:

Consistency.
Corroboration.
Opportunity to observe.
Reliability of memory.
Context.

The central question is not:

“Who appears more convincing?”

The central question is:

“Which account is better supported by the available evidence?”

Credibility should be examined carefully rather than assumed.

STAGE FIVE

Case Theory Development

A case theory is not an argument.

It is not a submission.

It is not a closing address.

A case theory is an explanation of what the evidence demonstrates.

Effective case theories generally possess three characteristics:

Clarity

The explanation should be understandable.

Consistency

The explanation should align with the available evidence.

Credibility

The explanation should withstand scrutiny.

Without a coherent case theory, evidence may become fragmented and difficult to interpret.

STAGE SIX

Strategic Pathway Assessment

Different matters require different approaches.

Not every matter should proceed to hearing.

Not every matter should resolve by agreement.

Not every matter presents the same opportunities or risks.

Potential pathways may include:

Representations.
Negotiations.
Withdrawal applications.
Defended hearings.
Pleas of guilty.
Appeals.

The objective of this stage is not to force a particular outcome.

The objective is to identify the most appropriate pathway based upon the facts, evidence and circumstances of the matter.

STAGE SEVEN

Preparation

Preparation is often one of the most significant determinants of outcome.

This stage may involve:

Obtaining evidence.
Analysing material.
Preparing witnesses.
Developing submissions.
Identifying legal issues.
Organising hearing materials.

The quality of preparation frequently affects the quality of advocacy.

For that reason, preparation should never be treated as a formality.

STAGE EIGHT

Advocacy

Advocacy involves more than persuasion.

Effective advocacy involves:

Understanding the evidence.
Understanding the law.
Identifying issues in dispute.
Testing evidence fairly.
Presenting submissions clearly.
Assisting the court in understanding the case.

The strongest advocacy is often grounded in preparation rather than performance.

STAGE NINE

Sentencing Strategy

Where an offence is established, the focus shifts.

The relevant question is no longer:

“What happened?”

The question becomes:

“What is the appropriate outcome?”

Sentencing preparation may involve:

Character evidence.
Rehabilitation material.
Psychological reports.
References.
Evidence of treatment.
Personal circumstances.

Effective sentencing preparation seeks to present the individual as a complete person rather than merely a case number.

STAGE TEN

Appeal Review

The conclusion of proceedings does not always conclude the legal process.

In some circumstances, appeal rights may arise.

Potential issues may include:

Errors of law.
Errors of fact.
Procedural unfairness.
Severity of sentence.

Understanding available appeal rights forms part of a complete assessment of the matter.

THE PRINCIPLE UNDERLYING THE METHOD

Allegations Initiate Proceedings. Evidence Determines Outcomes.

Domestic violence proceedings are often discussed in terms of allegations.

The Core Defence Domestic Violence Method begins from a different premise.

Allegations initiate proceedings.

Evidence determines outcomes.

For that reason, careful analysis, disciplined preparation and objective evaluation remain central to understanding and responding to domestic violence allegations.

The purpose of the method is not to predetermine conclusions.

The purpose is to promote a structured approach to understanding the evidence, identifying the issues and preparing the matter.

Because before decisions can be made, the facts must first be understood.

SUPPORTING FRAMEWORKS

Two Frameworks That Underpin the Method

Stages three and four of the Method draw on two dedicated analytical frameworks, each explained in full on its own page.

The Core Defence Credibility Assessment Framework

How the reliability of a complainant's account is assessed across five dimensions.

VIEW THE FRAMEWORK

The Core Defence Evidence Evaluation Framework

How each category of evidence is weighed, from body-worn video to expert evidence.

VIEW THE FRAMEWORK

Our Standard

The principles that guide our approach to domestic violence defence representation, advocacy, education and professional service.

Advocacy Before Marketing
Knowledge Before Promotion
Trust Before Visibility
Authority Is Earned

Read Our Standard

SPEAK WITH A DEFENCE LAWYER

Confidential advice on your domestic violence matter

Every matter is different. If you are facing a domestic violence allegation, an ADVO, or a defended hearing, the earliest possible advice protects your position. Contact the firm for a confidential initial discussion. Contacting Core Defence Lawyers does not create a solicitor–client relationship, which arises only after the firm confirms engagement in writing.

0410 630 671 Request a Consultation