At Podmore Legal, we understand the complexity and sensitivity of domestic violence cases. We know that family disputes can escalate quickly, that emotions run high, and that not every accusation reflects the full truth. That’s why we approach every case with care, discretion, and a commitment to protecting your rights.
Led by experienced solicitor and barrister with over 20 years of courtroom expertise, we provide clear legal advice, strategic defence work, and strong representation from the moment you contact us.
Domestic assault charges are treated with particular seriousness in Western Australia. Courts, police, and prosecutors take a firm stance on family violence, and the consequences of a conviction can extend far beyond the criminal matter itself.
A domestic assault charge can result in:
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Domestic assault charges in WA fall under the Criminal Code Act Compilation Act 1913 (WA). What makes an assault “domestic” is the relationship between the people involved, not the severity of the alleged act.
Under WA law, domestic assault can occur between:
The most basic assault charge, which can include minor physical contact, threats, or intimidation. Even if no injury occurred, you can still be charged. In a domestic context, this is treated more seriously than common assault between strangers.
This applies when the alleged victim suffers actual physical harm — bruising, cuts, or other injuries beyond minor discomfort. It’s a more serious charge and can be dealt with in the District Court.
When an assault occurs in a domestic setting, it’s automatically considered aggravated under WA law. This means harsher penalties apply, even for relatively minor incidents. Other aggravating factors can include the presence of children, use of a weapon, or if the victim was particularly vulnerable.
The most serious form of assault, involving significant injury, permanent harm, or danger to life. These cases are dealt with in the District Court and carry lengthy prison sentences.
Even if you believe the incident was minor, or that the other person was equally involved, the law doesn’t always see it that way. Police are required to take action in domestic violence situations, and once charges are laid, the process moves forward — regardless of whether the alleged victim wants to proceed.
No two domestic assault cases are the same, but certain patterns appear regularly. At Podmore Legal, we’ve defended clients in a wide range of situations, including:
If any of these situations sound familiar, you’re not alone and you’re not without options. We’ve successfully defended clients in each of these circumstances, and we’re here to do the same for you.
Justin Podmore leads Podmore Legal with over 20 years of experience in law and business. A former Victorian Bar barrister and now one of Perth’s top criminal defence lawyers, he has handled everything from long-running drug trials to complex violence and fraud cases.
He’s been recognised in the Doyles Best Barrister Awards five years running and is known for his sharp legal strategy, straight-talking advice, and strong results in court.
With a background in both business and criminal law, Justin brings a practical, no-nonsense approach to defending clients facing serious charges across Western Australia.
Every assault case is different, and so are the circumstances behind it. The law doesn’t view all altercations the same — a drunken scuffle between friends will be treated differently to a deliberate act of violence. At Podmore Legal, we take the time to examine the details that can shape your defence, reduce your risk, or even lead to charges being downgraded or dismissed.
We act quickly to protect your rights from the moment you contact us. We will be advising on police interviews, bail applications, and restraining order hearings. Early legal advice can prevent damaging admissions and shape the outcome of your case.
We examine all evidence. Police statements, medical reports, photographs, text messages, and CCTV, looking for inconsistencies and alternative explanations. We also investigate the relationship history, prior incidents, and circumstances leading to the alleged offence.
Depending on the evidence, we may raise defences including self-defence, lack of intent, false allegations, or mistaken identity. We test the prosecution’s case through cross-examination and legal argument, working to have unreliable or improperly obtained evidence excluded.
If sentencing is required, we present evidence of your character, rehabilitative efforts, and personal circumstances, including mental health, family responsibilities, and employment to minimise the penalty.
Domestic assault cases often intersect with Violence Restraining Orders (VROs) and Family Court proceedings involving custody and property disputes, and these overlaps can have a profound impact on your daily life and future.
A VRO can prevent you from contacting certain people, force you out of your own home, and restrict or eliminate contact with your children — sometimes for years. Breaching a VRO, even unintentionally, is a criminal offence that can result in further charges and imprisonment.
Beyond the criminal matter itself, a domestic assault charge or active VRO can be used against you in Family Court, affecting your ability to see your children and influencing decisions about custody, parenting time, and even property settlement.
This is why it’s critical to have legal representation that understands how these different legal proceedings connect and can protect your interests across all fronts. We provide full representation in VRO matters to negotiate workable conditions that allow you to maintain important family relationships, and we handle your criminal case strategically to minimise any negative impact on your Family Court position.
When you’re facing a domestic assault charge, you need more than a solicitor who files paperwork. You need a lawyer with trial experience, strategic insight, and the ability to advocate for you with confidence in court.
It’s important to understand your legal rights from the moment you’re accused of domestic assault. Knowing these rights can help you avoid making mistakes that could harm your defence.
If you’re unsure about your rights or what to do next, contact us for confidential legal advice.
Understanding what happens after you’re charged can help reduce some of the uncertainty and stress. Here’s a step-by-step overview of the legal process for domestic assault cases in Western Australia.
Police will investigate the allegation by speaking to the alleged victim, any witnesses, and potentially you. You may be arrested at the scene, invited to attend a police station for an interview, or summonsed to appear in court at a later date.
What we do: Advise you on your rights, attend police interviews with you, and ensure you don’t say anything that could harm your defence.
Your matter will usually begin in the Perth Magistrates Court. This is a procedural hearing where the charge is read out, and you may be asked to enter a plea. Bail conditions may also be set or reviewed.
What we do: Appear with you in court, explain the charges, advise on plea options, and apply for bail if necessary.
If you’re held in custody or released on strict bail conditions, we can apply to have you released or to vary the conditions. Bail in domestic assault cases can be difficult to obtain, particularly if there’s a history of violence or breaches of restraining orders.
What we do: Prepare and present strong bail arguments, including proposed conditions, sureties, and evidence of your ties to the community.
The prosecution is required to provide the full brief of evidence, which includes police statements, medical records, photographs, and any other material they intend to rely on. This is your opportunity to see exactly what you’re facing.
What we do: Review the brief thoroughly, identify weaknesses, and advise you on the strength of the prosecution’s case.
In some cases, we can negotiate with the prosecution to have charges withdrawn, downgraded, or resolved by way of a plea to a lesser offence.
What we do: Engage in strategic discussions with prosecutors, present alternative evidence, and work towards the best possible resolution.
If you plead guilty, the matter proceeds to sentencing. If you plead not guilty, the matter is set down for trial, where the prosecution must prove the charge beyond reasonable doubt.
What we do: Represent you at trial with skilled cross-examination, legal argument, and presentation of your defence. If sentencing, we present strong mitigation to minimise the penalty.
Every detail matters in these cases. Getting the right legal advice early on can make a real difference in shaping your defence.
In WA, once police have charged you with domestic assault, the decision to proceed is up to the prosecution — not the alleged victim. Even if your partner no longer wants to pursue the matter, the case can still go ahead. However, if the alleged victim is unwilling to cooperate or provides a statement retracting the allegation, this can significantly weaken the prosecution’s case. We can use this to negotiate a withdrawal or defend the charge at trial.
It depends. If a Violence Restraining Order (VRO) is in place, you may be prohibited from having contact with the alleged victim, and this can extend to your children if they’re also protected under the order. However, we can apply to vary the VRO to allow supervised or indirect contact, particularly if the Family Court is involved. We work to ensure your parental rights are protected as much as possible within the constraints of the law.
A Violence Restraining Order (VRO) is a civil order that restricts your behaviour towards the protected person. It can prohibit you from contacting them, attending certain locations, or being within a specified distance of them. Breaching a VRO is a criminal offence. A VRO does not mean you’re guilty of assault — it’s a protective measure. However, it can be used as evidence in your criminal case and can complicate your defence. We can represent you in VRO hearings and defend allegations of breaches.
Not necessarily. The penalty depends on the seriousness of the charge, your criminal history, and the circumstances of the offence. For minor common assault charges with no prior convictions, you may receive a fine, community service, or a spent conviction order. For more serious charges, or if there’s a history of violence, imprisonment is a possibility. Our role is to present the strongest possible case in mitigation to avoid or minimise any custodial sentence.
False allegations can be challenged by exposing inconsistencies in the complainant’s account, presenting evidence that contradicts their version of events, and cross-examining them to reveal bias, motive, or unreliability. We also look for supporting evidence such as text messages, emails, or witness testimony that shows the allegation is fabricated or exaggerated. Proving a false allegation requires careful preparation and skilled advocacy — which is exactly what we provide.
Do not agree to an interview without speaking to a lawyer first. Contact Podmore Legal immediately. We can attend the interview with you, advise you on what to say (or not say), and ensure your rights are protected. Many people make damaging admissions in police interviews because they don’t understand how their words will be used against them. Early legal advice can make all the difference.
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