A Special Counsel’s Insights Co-Authored by Grace Jolly KEY TAKE OUTS: Recent allegations arising from the Campbelltown tragedy highlight the devastating reality of genuine domestic violence and the importance of recognising escalating risk. The absence of prior police reports does not necessarily mean there was no underlying risk or abuse. Courts and police must balance careful evidentiary scrutiny with the need to protect genuine victims of family violence. Domestic violence allegations should neither be automatically accepted nor automatically dismissed; every case must be assessed on its own facts. What happened in the Campbelltown domestic violence case? Police have alleged that a man murdered his partner and their two children in Campbelltown, NSW, in what has been described as an extremely violent domestic incident. Publicly available information indicates that the alleged 47-year-old man had been planning these actions for some time after reading about the death of children with autism in Western Australia. Bail was refused and the allegations remain before the court and have not yet been proven. On Monday, allegations arose out of Campbelltown, where a man has been charged with the murder of his partner and their two children. This kind of news is confronting at every level. A 47‑year‑old woman and two young boys, aged 12 and 4, lost their lives in what police describe as an extremely violent domestic incident. For a lawyer who has recently written about the ‘weaponising of the domestic violence legislation’ by some complainants, this case cuts through the noise. This news sits uncomfortably alongside my previous blogs, examining how domestic violence allegations are sometimes used strategically within parenting proceedings. Those discussions are important. But more important is the recognition of the other side. The cases where domestic violence is not exaggerated, not tactical, but tragically real. This case forces us to hold both truths at once. The Pattern of Allegations of Domestic Violence in Family Law In parenting disputes, allegations of domestic violence can and do arise frequently. In some matters, they are well-founded and supported by evidence, risk patterns, and corroborating material. In other cases they are not. Judges across jurisdictions have acknowledged the difficulty of navigating these competing realities. False or exaggerated allegations, whilst not the majority, are not rare either. And when they occur, they can have significant consequences for parents in the Family Court. What is Different about the Campbelltown Case? Based on publicly reported information, there are several features of this tragedy that distinguish it from the types of matters often discussed in the context of litigation-driven allegations: There Was No Apparent Litigation Context Many “weaponisation” cases arise in the middle of separation, parenting disputes, or contested proceedings. Allegations are introduced in an adversarial setting, often in proximity to hearings or decisions. Here, there is no suggestion, at least at this stage, of an ongoing parenting dispute or family law litigation driving the narrative. Sadly, it appears that the alleged offender began considering his actions after reading of the death of some children living with autism in Western Australia. The Outcome Reflects the Highest Level of Risk False allegations, even where damaging, do not culminate in homicide. This case sits at the extreme end of the domestic violence spectrum, this is fatal violence affecting multiple family members, including children. That alone places it in a fundamentally different category. The Absence of Prior Reports Raises Difficult Questions One particularly confronting aspect of the reporting is that there was no known history of domestic violence reported to police. This is not unusual in serious domestic violence homicides. Many victims do not report, for reasons including: fear of escalation, financial dependence, concern for children, cultural or social pressures, or a belief they will not be believed. The absence of prior reports, therefore, does not indicate absence of risk. It often reflects barriers to disclosure. There may not have even been any sign of domestic violence prior to the commission of this offence. Planning Allegations (If Proven) Point to Escalation Risk Reports that the accused may have been planning the killings (which remain allegations only) underline a key feature of high-risk domestic violence: escalation is not always impulsive. Risk can build beneath the surface, undetected by systems designed to respond to reported incidents. Whilst there may not have been any outward sign of family violence towards the victims, there appears to have been the plans being made under the surface of what could have been ‘normal behaviour’. Why This Distinction Matters To collapse all domestic violence allegations into a single narrative creates two equally problematic outcomes: Over‑correction, where every allegation is accepted without scrutiny, risking injustice and misuse of process; and Over‑scepticism, where genuine victims are not believed or are discouraged from coming forward. Cases like what occurred in Campbelltown demonstrate why over‑scepticism carries real-world consequences. If victims feel that: they will not be believed, their concerns will be minimised, or their reports will be interpreted as tactical, they may choose not to report at all. And in the most serious cases, that silence can be fatal Holding Both Realities The challenge for the Courts, Police and Solicitors may be not to choose one narrative over the other, but to navigate both responsibly by way of: A Clear Approach to Evidence Courts must continue to rigorously assess allegations, distinguishing between those supported by evidence and those that are not. Recognition of Risk Indicators At the same time, systems need to better identify non-obvious indicators of escalating risk, even in the absence of prior reports. Avoiding Generalisations Not all allegations are false. Not all are true. Each case must be assessed on its own facts, without importing assumptions from unrelated matters. The Importance of Reporting One of the most difficult messages arising from cases like this is also the most important: Where domestic violence is real, reporting can be critical. That is not a simple statement, and it must be understood in context. Reporting is not always safe, easy, or straightforward. But engagement with support services, legal avenues, and protective mechanisms can create opportunities for intervention that otherwise do not exist. The family law system, protection order regimes, and police responses are not perfect. But they are often the only points at which risk can be identified and managed. Final Reflection The conversation about the misuse of domestic violence legislation is necessary. It speaks to fairness, integrity of process, and the proper administration of justice. But cases like the Campbelltown tragedy remind us of the stakes on the other side of that conversation. Behind every statistic is a family. Behind every unreported incident is a set of reasons we may never fully understand. And behind every failure to identify risk, there is the possibility of irreversible harm. The task for the legal system is not to abandon scrutiny, nor to abandon belief. It is to hold both in balance, with the seriousness that cases like this demand. FAQS 📌 What happened in the Campbelltown domestic violence case?Police have alleged that a man murdered his partner and their two children in Campbelltown, NSW, in what has been described as an extremely violent domestic incident. The allegations remain before the court and have not yet been proven. 📌 Why is the Campbelltown case being discussed in relation to domestic violence law?The case has prompted broader discussion about domestic violence risk, reporting barriers, Family Court dynamics, and the importance of balancing evidentiary scrutiny with victim protection. 📌 Does the absence of previous police reports mean there was no domestic violence?No. Many domestic violence victims do not report abuse due to fear, financial dependence, concern for children, cultural pressures, or fear they will not be believed. 📌 Can domestic violence allegations affect parenting proceedings in NSW?Yes. Domestic violence allegations can significantly impact parenting arrangements, communication between parents, and Family Court decisions relating to children. 📌 Why is evidence important in domestic violence matters?Courts and police must carefully assess evidence to distinguish genuine risk from unsupported allegations while ensuring procedural fairness and protection for victims. 📌 What is meant by balancing scrutiny and protection in domestic violence cases?It refers to ensuring allegations are taken seriously and properly investigated, while also maintaining fairness, evidentiary testing, and due process for all parties involved. 📌 Does a lack of police reports mean domestic violence was not occurring?No. Many victims do not report domestic violence due to fear, financial dependence, concern for children, or fear they will not be believed. 📌 Can domestic violence allegations affect Family Court proceedings?Yes. Allegations of domestic violence can significantly affect parenting arrangements, communication between parents, and court decisions regarding children. 📌 Why is evidentiary scrutiny important in domestic violence matters?Careful assessment of evidence helps distinguish genuine risk from unsupported allegations while maintaining fairness and protecting victims. 📌 Why is balanced discussion around domestic violence important?Over-scepticism can discourage genuine victims from reporting abuse, while lack of scrutiny can risk unfair outcomes and misuse of legal processes. ABOUT CAROLYN SHIELS Carolyn Shiels joined the Coutts Lawyers & Conveyancers team in 2024 as Special Counsel for Criminal and Family Law. Carolyn has been involved in the prosecution of criminal law since 1988 when she became a Police Prosecutor. A period of 13 years in the Police saw a natural progression to a Law Degree and employment with the Office of the DPP as a Prosecution Lawyer. Carolyn has been a defence lawyer since 2016 and has extensive experience in both the Local and District Courts. Carolyn Shiels Special Counsel info@couttslegal.com.au 1300 268 887 Tags:campbelltown criminal lawyercarolyn shielscarolyn shiels lawyerCo-Authored by Grace Jollycoercive controlCriminal Lawcriminal law pictoncriminal lawyer camdencriminal lawyer campbelltowncriminal lawyer pictonnarellan criminal lawyer Contact Us