Defending self-defence in domestic violence criminal cases

Proving self-defence in domestic violence cases is both a legal and personal challenge, requiring careful evidence and strong advocacy. In a recent win for justice, O'Brien Criminal & Civil Solicitors successfully defended for our client, who was wrongly charged under Section 61 of the Crimes Act 1900 (NSW).

Our lawyers demonstrated she acted in lawful self-defence during a family altercation.

Understanding Self-Defence in Domestic Violence

Self-defence is recognised under Section 418 of the Crimes Act 1900 (NSW). For a claim to succeed, two core elements must be established:

• The accused genuinely believed their actions were necessary to protect themselves (or another); and