Local Court Domestic Violence Matters Legal aid is available in the Local Court for the following domestic violence proceedings, whether commenced by private information or police charge, being proceedings under Part 15A of the Crimes Act 1900 (Apprehended Violence Orders). A grant of aid is subject to Means Test B and the State Criminal Law Guidelines. Applicants Legal Aid is available to an applicant for an Apprehended Violence Order where s/he is or has been married to the defendant is living or has lived with the defendant on a bona fide domestic basis although not married is living with or has lived ordinarily in the same household as the defendant (otherwise than merely as a tenant or boarder) is or has been a relative (within the meaning of s4(6) of the Crimes Act 1900) of the defendant, or has or has had an intimate personal relationship with the defendant. Solicitor of choice is available to applicants for Apprehended Violence Orders in the Local Court. Legal aid is not available to applicants for Apprehended Violence Orders where the Commission is satisfied that the complaint is frivolous or vexatious or has no possible prospects of success. For more information, see also Are You Applying for an Apprehended Violence Order? on this website Defendants Legal Aid is also available to defendants where an exceptional circumstance exists. Exceptional circumstances may include, but are not limited to, matters in which it is likely that a gaol sentence will be imposed or where it is likely the matter could be resolved by negotiation. Legal aid is available to defendants for bail applications in the course of breach apprehended violence order proceedings charged with an offence of stalking or intimidation under s562AB of the Crimes Act or an offence of contravening a prohibition or restriction in an order under s562I of the Crimes Act. The granting of legal aid to defendants in such matters may be made on condition that a Commission salaried solicitor, a community legal centre or a nominated private practitioner conduct the matter regardless of the source of the application. For more information, see also Is Someone Asking for an Apprehended Violence Order Against You? on our website.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.