Domestic violence is a serious issue that affects individuals, families, and communities across Australia and the world. When someone is charged with a domestic violence offence, the legal consequences can be severe—impacting not only their freedom but also their family relationships, employment, and reputation.
This article provides an overview of domestic violence charges, including what constitutes domestic violence, potential legal consequences, and what to do if you’re facing or responding to such charges.
What is Domestic Violence?
Domestic violence refers to abusive behaviour used by one person in a relationship to control or dominate another. While it is commonly associated with physical violence, the legal definition is much broader.
Types of Domestic Violence Include:
- Physical abuse: Hitting, slapping, choking, or any physical harm.
- Emotional or psychological abuse: Intimidation, threats, verbal abuse, or controlling behaviour.
- Sexual abuse: Any non-consensual sexual activity.
- Economic abuse: Controlling access to money or resources.
- Coercive control: A pattern of behaviour that seeks to isolate, control, or frighten a person.
In most Australian jurisdictions, the term “domestic relationship” can include spouses, de facto partners, former partners, relatives, and even housemates.
Common Domestic Violence Charges
Depending on the circumstances, an accused person may face one or multiple charges. Some of the most common domestic violence-related charges include:
- Assault or aggravated assault
- Stalking or intimidation
- Breaching a domestic violence order (DVO or AVO)
- Property damage
- Threats to harm
Each charge carries different penalties and legal procedures, and the severity often depends on whether it is a first-time offence or a repeat incident.
Legal Consequences
If found guilty of domestic violence offences, the consequences may include:
- Criminal record
- Imprisonment
- Fines and court fees
- Restraining or protection orders
- Loss of firearm license
- Impact on family court proceedings (e.g. custody of children)
Even if the alleged victim does not want to press charges, police can still proceed if they believe there is enough evidence of an offence.
Protection Orders
In many cases, a domestic violence allegation will result in the issue of a protection order (such as an AVO or DVO). These orders can include conditions such as:
- No contact with the alleged victim
- Not attending the victim’s home or workplace
- No stalking or intimidation
Breaching a protection order is a criminal offence and often leads to harsher penalties than the original charge.
Defending Domestic Violence Charges
If you have been charged, it is essential to seek legal advice as soon as possible. Some common defences include:
- Self-defence
- False allegations
- Lack of evidence
- Accidental harm or misunderstanding
An experienced criminal defence lawyer can help you understand your rights, assess the strength of the prosecution’s case, and represent you in court.
Support Services
Whether you’re a victim or someone accused of domestic violence, support services are available to help you cope with the emotional and legal aspects of your situation.
For victims:
- 1800RESPECT (National Helpline)
- Lifeline
- Local domestic violence shelters and legal aid centres
For accused individuals:
- Legal Aid services in your state or territory
- Men’s Referral Service
- Counselling and behavioural change programs
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