Domestic assault is a serious offence under state and territory criminal laws in Australia. It refers to physical or threatening behaviour occurring within a domestic or family context — including between spouses, de facto partners, parents and children, siblings, and other relatives or household members.
Domestic assault involves any form of violence, threat, or coercive behaviour that occurs within a domestic relationship. It can include:
Physical assault (e.g., hitting, pushing, choking)
Emotional or psychological abuse
Sexual assault
Threats or intimidation
Stalking or controlling behaviour
Each state and territory in Australia has its own legislation, but all treat domestic violence with significant seriousness due to the risk of harm to vulnerable individuals.
Police can lay domestic assault charges in the following ways:
Report by Victim or Witness: A victim, family member, or neighbour reports an incident.
Police Attendance at the Scene: Police may be called to a domestic disturbance and arrest a person on the spot.
Evidence-Based Policing: Even without the victim’s cooperation, police may proceed with charges based on physical evidence (injuries, damage), witness accounts, or recordings.
Apprehended Domestic Violence Orders (ADVOs): In NSW, for example, police may issue or apply for an ADVO alongside or instead of criminal charges.
Police do not need the victim’s consent to lay charges. In fact, once the police take action, it becomes a matter for the prosecution.
If you are experiencing domestic assault, you can:
Call Triple Zero (000) in an emergency.
Go to a police station or contact police for immediate help.
Apply for a Protection Order / Intervention Order / ADVO (depending on your state).
Seek support from domestic violence services such as 1800RESPECT (1800 737 732).
Police can issue temporary protection orders and take statements to support any charges.
If you are charged with domestic assault, you should:
Seek legal advice immediately. A conviction can result in prison, a criminal record, and difficulty gaining employment or travel visas.
Understand your bail conditions. You may be restricted from contacting the alleged victim or returning home.
Attend all court hearings. Failure to attend court can lead to a warrant for your arrest.
Avoid any further contact or breaches of any protection order (which can lead to further charges).
You are innocent until proven guilty.
You have the right to remain silent during police questioning (except to provide name and address).
You are entitled to legal representation.
You can challenge the charges in court, including the accuracy of the evidence or whether the assault meets the legal definition.
Some possible legal defences include:
Self-defence
False allegation
Lack of intent
Accident
Mental impairment
Each case depends on its specific facts. A lawyer can advise whether a valid defence applies.
Here’s a breakdown of Penalties for Domestic Assault by state and territory across Australia. These penalties vary depending on the specific offence (e.g., common assault vs. grievous bodily harm), the circumstances (e.g., use of a weapon, injury caused), and whether the offence is classified as aggravated due to a domestic relationship.
Legislation: Crimes Act 1900 (NSW)
Common Assault: Up to 2 years imprisonment (s61)
Assault Occasioning Actual Bodily Harm: Up to 5 years, or 7 years if in company (s59)
Reckless Grievous Bodily Harm or Wounding: Up to 10–14 years (s35)
Intentional Grievous Bodily Harm: Up to 25 years (s33)
Breach of ADVO: Up to 2 years and/or $5,500 fine (s14 Crimes (Domestic and Personal Violence) Act)
Legislation: Crimes Act 1958 (VIC) & Family Violence Protection Act 2008
Common Assault: Up to 5 years imprisonment
Assault Causing Injury: Up to 10 years
Reckless or Intentional Serious Injury: Up to 20 years
Breach of Family Violence Intervention Order: Up to 2 years and/or $40,000 fine
Legislation: Criminal Code Act 1899 (QLD) & Domestic and Family Violence Protection Act 2012
Common Assault: Up to 3 years imprisonment
Assault Occasioning Bodily Harm: Up to 7 years, or 10 years if armed or in company
Serious Assault (aggravated by domestic violence): Up to 14 years
Breach of DVO: Up to 3 years, or 5 years for repeated breaches
Legislation: Criminal Code Act Compilation Act 1913 & Restraining Orders Act 1997
Common Assault (DV context): Up to 3 years imprisonment and/or $36,000 fine
Aggravated Assault (including family violence): Up to 5 years
Grievous Bodily Harm: Up to 10 years
Breach of FVRO: Up to 3 years and/or $10,000 fine
Legislation: Criminal Law Consolidation Act 1935 & Intervention Orders Act 2009
Common Assault: Up to 2 years imprisonment
Assault Causing Harm: Up to 3 years, or 4 years if aggravated
Assault Causing Serious Harm: Up to 20 years
Breach of Intervention Order: Up to 2 years
Legislation: Crimes Act 1900 (ACT) & Family Violence Act 2016
Common Assault: Up to 2 years imprisonment
Assault Occasioning Actual Bodily Harm: Up to 5 years
Grievous Bodily Harm: Up to 20 years
Breach of Family Violence Order: Up to 5 years
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
