Domestic violence charges can severely impact your family, freedom, and reputation, with restrictions even before conviction. Daniel Schellenberg offers expert, experienced defence across Auckland and NZ to protect your rights and future.
Domestic Violence Lawyer
Domestic Violence Defence
Being accused of domestic violence can immediately affect your family relationships, reputation and freedom. Before any conviction, you may face bail conditions, a Police Safety Order or a Protection Order restricting where you can live and who you can contact. Engaging an experienced domestic violence lawyer early is essential to protect your rights and prevent avoidable mistakes.
Daniel Schellenberg Barrister and our legal team provide strategic defence for clients facing domestic violence charges in Auckland and across NZ. We understand the personal and emotional pressure these cases create. Our approach to domestic abuse charges combines careful preparation with strong representation throughout the criminal court process.
Understanding Domestic Violence Charges in New Zealand
Domestic violence, now commonly referred to as family violence in New Zealand law, is not one criminal charge. The term covers a range of alleged domestic abuse offences occurring between partners, former partners, family members, flatmates or other people in a close personal relationship.
The domestic abuse charges we defend include:
Strangulation or Suffocation
Strangulation or suffocation is a serious offence carrying up to seven years’ imprisonment. We examine medical evidence, photographs, witness accounts and Police interviews to test the allegation and build a focused defence.
Family Violence Assault
Family violence assault ranges from common assault or assault on a person in a family relationship to serious allegations involving injury, weapons or intent to harm. We compare witness accounts and examine physical, medical and digital evidence to identify weaknesses in the prosecution case.
Male Assaults Female
Male assaults female carries a maximum penalty of two years’ imprisonment. When defending male assault female charges in NZ, we examine conflicting accounts, possible self-defence and evidence that challenges the allegation.
Breach of Protection Order
Breaching a Protection Order can lead to arrest and imprisonment. We examine the order’s exact conditions, the alleged contact and the surrounding circumstances, including communication through other people, social media or electronic messages.
Threatening to Kill or Cause Harm
Threats made during a family dispute can result in charges without physical violence occurring. We assess the precise words used, messages, recordings, witness statements and the wider context before developing the defence.
Property Damage
Property damage during a domestic dispute may result in criminal charges alongside assault or threatening behaviour allegations. We examine ownership, the damage caused and the evidence concerning the accused person’s actions and intent.
How Daniel Schellenberg Can Help
We are provide practical support and strong representation throughout every stage of a family violence case.
Immediate Intervention
The first hours and days after an arrest can shape the rest of the case. We assist with urgent matters including:
- Police interviews and the right to remain silent
- Bail applications and proposed bail addresses
- Conditions restricting contact or access to the family home
- Protection Order proceedings
- Contact arrangements involving children
- Employment and professional consequences
You must follow every Police Safety Order, Protection Order and bail condition while it remains in force. Contact us before communicating with the complainant if you are uncertain about what the conditions allow.
Comprehensive Case Analysis
We examine the complete circumstances surrounding the allegation, including:
- Statements made by the complainant and other witnesses
- Inconsistencies between different accounts
- CCTV footage and emergency call recordings
- Photographic and medical evidence
- Text messages, emails and social media communications
- The history and context of the relationship
- Evidence supporting self-defence or another explanation
Our role is to test the prosecution case carefully and ensure that your account and the wider context are properly considered.
Strategic Defence Development
The right defence depends on the charge and available evidence. A defence strategy may involve:
- Self-defence: Establishing that your actions were taken to protect yourself or another person and that the force used was reasonable.
- Challenging the evidence: Identifying contradictions, unreliable testimony or gaps in the prosecution case.
- Disputing intent: Examining if the prosecution can prove the intention required for the particular offence.
- Providing context: Presenting communications, witness evidence or relationship history needed to understand the incident accurately.
- Negotiating with prosecutors: Seeking the withdrawal or amendment of charges when supported by the evidence and prosecution guidelines.
- Alternative outcomes: Considering diversion, restorative justice or therapeutic options in cases where these pathways are legally available and appropriate.
- Discharge without conviction: Applying for a discharge under section 106 of the Sentencing Act 2002 when the legal test can be met.
Skilled Court Representation
Daniel and the team have extensive courtroom experience defending family violence allegations. We provide focused representation at bail hearings, case reviews, pre-trial proceedings, defended hearings, jury trials, sentencing and appeals.
FREQUENTLY ASKED QUESTIONS
Essential Information About Domestic Violence Cases
What Should I Do if I Am Accused of Domestic Violence?
Contact a domestic violence defence lawyer before giving a statement to Police. Comply with every Police Safety Order, Protection Order and bail condition, even if you disagree with the allegations.
Write down your account while events remain fresh and preserve relevant messages, photographs and other evidence. Do not contact the complainant directly or through another person unless the applicable orders and bail conditions clearly permit it.
What Happens After a Domestic Violence Arrest?
The typical process following a domestic violence arrest includes:
- Initial police procedures and possible detention
- First court appearance and bail consideration
- Disclosure of police evidence
- Case review and preparation of defence
- Court hearings or negotiations for resolution
- Sentencing or dismissal of charges
How can protection orders affect me?
A Protection Order can prohibit family violence, restrict contact with protected people and prevent you from possessing weapons or holding a firearms licence. You may also be directed to attend a non-violence programme.
A temporary order can be made urgently before you have presented your position. You have the right to respond, but strict timeframes apply.
What Penalties Apply to Domestic Violence Convictions?
Domestic violence convictions carry serious penalties in New Zealand:
- Imprisonment for more serious offences (up to 7 years for strangulation/suffocation)
- Community-based sentences for less serious matters
- Mandatory attendance at intervention programmes
- Long-term protection orders
- Permanent criminal record affecting employment and travel
- Potential impacts on custody and access to children
How to Drop Charges Against Someone for Domestic Violence in NZ
A complainant cannot personally withdraw criminal charges once Police have filed them. The decision to continue or discontinue a prosecution belongs to Police or the Crown.
A complainant may tell Police that they no longer support the prosecution or wish to correct their statement, but that does not automatically end the case. Prosecutors consider the evidence, public interest and safety concerns. Nobody should pressure a complainant to withdraw or change their account. To do so is a criminal offence with extremely serious consequences.
Can a Complainant Contact Me After Charges Are Filed?
Contact depends on the terms of your bail, any Police Safety Order and any Protection Order. A complainant initiating contact does not necessarily make it
lawful for you to respond.
Breaching a condition can lead to arrest or further charges. Contact us before responding if you are uncertain about what is permitted.
How Can a Protection Order Affect Me?
A Protection Order can prohibit family violence, restrict contact with protected people and prevent you from possessing weapons or holding a firearms licence. You may also be directed to attend a non-violence programme.
A temporary order can be made urgently before you have presented your position. You have the right to respond, but strict timeframes apply.
Support Through Every Stage of a Criminal Case
Why Choose Daniel Schellenberg Barrister?
When you are facing domestic violence allegations, you need an attorney that's experienced in domestic violence and deals firmly with the criminal charge while recognising the sensitive family circumstances involved. Daniel Schellenberg Barrister and our team provide:
Domestic violence allegations require immediate attention. Contact Daniel Schellenberg Barrister and our legal team for a confidential consultation about the charge, your bail conditions and the next steps in your domestic violence defence.
Extensive defence experience
We understand the evidence, court procedures and urgent issues involved in family violence cases.
Focused courtroom advocacy
We provide determined representation throughout negotiations, hearings, trials and sentencing.
Strong case preparation
We examine witness accounts, medical evidence, communications and Police procedures in detail.
Immediate support
We act quickly on bail, contact restrictions, protection orders and other urgent concerns.
Complete confidentiality and discretion
We handle sensitive personal and family information with care and professionalism.
Respectful, non-judgmental representation
We listen carefully and treat every client with dignity, regardless of the allegations they face.
Contact Us
Contact Daniel Schellenberg Barrister for confidential criminal fraud charges defence in Auckland. Early representation protects your rights and establishes a clear strategy for the investigation or court proceedings ahead.