What Is The Punishment For Domestic Violence Case

In Australia, the punishment for domestic violence, which encompasses a range of behaviours, including physical, sexual, emotional abuse, and financial abuse, varies based on the severity and specifics of each case.

For physical assault, the offender can face up to 2 years in prison for common assault, and in severe cases such as causing grievous bodily harm, the offender can face up to 25 years in prison.

If domestic violence includes sexual assault, the offender can face up to 14 years in prison, with the punishment going up to 25 years if the sexual assault is aggravated.

The punishment for emotional or psychological abuse can include imprisonment, fines, or both, depending on the extent of the harm caused and other case-specific factors.

A domestic violence offender might also be subjected to a Domestic Violence Order (DVO) or an Apprehended Domestic Violence Order (ADVO), which prohibits them from specific actions such as contacting or approaching the victim. Breaching such orders can result in up to two years of imprisonment and/or fines.

Remember, the domestic violence jail time can vary significantly based on each case’s details, the offender’s prior criminal history, and other relevant factors.

Domestic Violence Charges and Sentencing

When individuals are charged with domestic violence, the subsequent legal proceedings may lead to various outcomes, including sentencing. This table explains the potential sentencing options that can result from these charges.

Domestic Violence Charges	Maximum Sentencing	Possible Defence	What Police Must Prove
Common Assault	2 years imprisonment	Self-defence, mistaken identity, lack of intent	The offender intentionally or recklessly caused another person to apprehend immediate and unlawful violence
Assault Occasioning Actual Bodily Harm	5 years imprisonment	Self-defence, mistaken identity, lack of intent	The offender intentionally or recklessly caused actual bodily harm to another person
Reckless Grievous Bodily Harm	7 years imprisonment	Self-defence, mistaken identity, lack of intent	The offender recklessly caused grievous bodily harm to another person
Wounding or Grievous Bodily Harm with Intent	25 years imprisonment	Self-defence, mistaken identity, lack of intent	The offender intentionally caused specific serious harm to another person
Stalking/Intimidation	5 years imprisonment	Lack of intent, mistaken identity	The offender engaged in conduct with the intent to cause fear of physical or mental harm
Breaching a Domestic Violence Order (DVO)	2 years imprisonment and/or a fine	Mistaken identity, lack of knowledge of the order	The offender knew of the DVO and willfully violated its terms
Emotional/Psychological Abuse	Varies; can include imprisonment, fines, or both	Lack of intent, mistaken identity	The offender engaged in a pattern of behaviour that coerced, controlled or caused a family member to be fearful.
Sexual Assault	Up to 14 years imprisonment	Consent, mistaken identity	The offender engaged in sexual intercourse with the victim without the victim’s consent, knowing about the lack of consent.
Aggravated Sexual Assault	Up to 25 years imprisonment	Consent, mistaken identity	The offender engaged in sexual intercourse with the victim without the victim’s consent under aggravating circumstances, knowing about the lack of consent.

Factors Influencing Domestic Violence Sentencing

Courts will consider several factors when determining the appropriate sentence for a domestic violence offence. These include the nature and severity of the crime, the harm caused to the victim, the defendant’s criminal history and personal circumstances, and whether the defendant has shown remorse and taken steps toward rehabilitation.

Moreover, judges must consider the principles of general and specific deterrence when sentencing domestic violence offenders. This means that the sentence should be sufficient to discourage the offender from re-offending (specific deterrence) and to send a message to the community that such conduct is unacceptable (general deterrence).

Also read: Bail for Assault Charge in Australia You Should Know

Different Domestic Violence Legislations And Police Interventions In Different States In Australia

The sentencing for domestic violence crimes varies across Australia’s six states and two territories, as each jurisdiction maintains its specific criminal laws.

It is essential to know the legislation and police interventions in different states in Australia to know more about it.

State/Territory	Legislation	Police Intervention	Protective Orders
New South Wales	Crimes (Domestic and Personal Violence) Act 2007	Police can issue provisional ADVOs, detain the accused for the purpose of making an application for a provisional order	Apprehended Domestic Violence Orders (ADVOs)
Victoria	Family Violence Protection Act 2008	Police can issue family violence safety notices and apply for intervention orders on behalf of the affected family member	Family Violence Intervention Orders
Queensland	Domestic and Family Violence Protection Act 2012	Police can issue protection orders and police protection notices	Domestic Violence Order (DVO)
Western Australia	Restraining Orders Act 1997	Police can issue police orders for up to 72 hours	Violence Restraining Orders (VROs), Family Violence Restraining Orders (FVROs)
South Australia	Intervention Orders (Prevention of Abuse) Act 2009	Police can issue police interim intervention orders	Intervention Orders
Tasmania	Family Violence Act 2004	Police can issue police family violence orders for up to 12 months	Family Violence Order
Australian Capital Territory	Domestic Violence and Protection Orders Act 2008	Police can issue emergency orders, apply for a protection order on behalf of a person.	Domestic Violence Order
Northern Territory	Domestic and Family Violence Act 2007	Police can issue a Police Safety Order (PSO) that lasts up to 72 hours	Domestic Violence Order

Domestic Violence Penalty in NSW

The term is determined by the criminal acts associated with the violence. Domestic violence offences in Australia can be punished severely, reflecting the seriousness of these crimes.

Here is a list of the maximum penalty each type of domestic violence carries in NSW:

Domestic Violence Charges	Domestic Violence Jail Time
Breaching an ADVO	2 years
Assault occasioning actual bodily harm	2-5 years
Assault occasioning actual bodily harm in company	2-7 years
CRIMES ACT 1900 – SECT 33 Wounding or grievous bodily harm with intent	25 years
CRIMES ACT 1900 – SECT 35 (2) Reckless grievous bodily harm or wounding	10 years
CRIMES ACT 1900 – SECT 35 (1) Reckless grievous bodily harm or wounding	14 years
CRIMES ACT 1900 – SECT 35 (4) Reckless grievous bodily harm or wounding	7 years
CRIMES ACT 1900 – SECT 35 (3) Reckless grievous bodily harm or wounding	10 years
CRIMES ACT 1900 – SECT 61 Common assault prosecuted by indictment	2 years
s474.17 Criminal Code: The use of carriage service to offend, harass, or menace	3 years
s474.17A Criminal Code: The use of carriage service to offend, harass, or menace involving private sexual material:	5 years
s474.16 Criminal Code: The use of carriage service for a hoax threat	10 years
s474.15(1) Criminal Code: The use of carriage service to make a threat to kill:	10 years
s474.15(2) Criminal Code: The use of carriage service to make a threat to cause serious harm	7 years
CRIMES ACT 1900 – SECT 37 1(A) Choking, suffocation, and strangulation	2-5 years
CRIMES ACT 1900 – SECT 37 1 – Chokes, suffocates, or strangles another person with the intent to make them unconscious, insensible, or unable to fight back, and is careless about making them unconscious, insensitive, or unable to fight back.	10 years
CRIMES ACT 1900 – SECT 37 2 – Chokes, suffocates, or strangles another person in a way that makes the other person unconscious, insensible, or unable to fight back and does so to commit another indictable crime or help someone else do so.	25 years
CRIMES ACT 1958 – SECT 195 (1a) If someone deliberately or carelessly destroys or damages property that belongs to another person or to that person and another person, that person is responsible.	2-5 years
CRIMES ACT 1958 – SECT 195 (1a) Suppose someone intentionally or carelessly destroys or damages property that belongs to another person or to that person and another person. In that case, that person is responsible, even if the destruction or damage was caused by fire or explosives.	2-5 years
CRIMES ACT 1958 – SECT 195 (1Aa) A person is responsible if, while with another person or people, they destroy or damage property that belongs to another person or to that person and another person.	6 years
CRIMES ACT 1958 – SECT 195 (1Ab) A person is responsible if, while with another person or people, they intentionally or carelessly destroy or damage property that belongs to another person or to that person and another person. This is especially true if the property was destroyed or damaged by fire or explosives.	11 years
CRIMES ACT 1958 – SECT 195 (2a) During a public disturbance, someone is responsible for destroying or damaging property that belongs to another person or to that person and another person.	7 years
CRIMES ACT 1958 – SECT 195 (2b) During a public disturbance, someone who intentionally or carelessly destroys or damages property that belongs to another person or to that person and another person is responsible if the destruction or damage was caused by fire or explosives.	12 years
Murder: s18 Crimes Act	Life Imprisonment

In New South Wales, for instance, assault occasioning actual bodily harm in a domestic context carries a maximum prison sentence of 7 years under Section 59 of the Crimes Act 1900 (NSW). If the offence is committed in a company (in the presence of others), the maximum penalty increases to 10 years of imprisonment.

In Queensland, under the Criminal Code 1899 (Qld), anyone found guilty of a domestic violence offence, such as common assault, could face a maximum penalty of 3 years imprisonment. More serious offences like grievous bodily harm can have maximum penalties of up to life imprisonment.

Victoria’s legal framework provides that recklessly causing injury in a domestic setting can result in a maximum imprisonment term of 5 years under Section 18 of the Crimes Act 1958 (VIC).

Accused of Domestic Violence?

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