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Crime charge · Family & domestic violence

Domestic assault, explained simply

Domestic assault isn't a single charge — it's an assault that happens inside a family or domestic relationship, which the law treats as more serious. It covers partners and exes, parents and children, siblings, and others in the same household. One thing catches many people off guard: police don't need the victim's consent to charge, and once they do, it's out of the victim's hands.

The basics

What domestic assault means

It's violence, a threat, or coercive behaviour that happens within a domestic relationship. That can include physical assault, emotional or psychological abuse, sexual assault, threats or intimidation, and stalking or controlling behaviour. Every state has its own laws, but all treat it seriously because of the risk to people who may be especially vulnerable.

A "DOMESTIC" RELATIONSHIP INCLUDES Spouses De facto Parents & children Siblings Household
The "domestic" part is about the relationship — not just married couples. It reaches partners and exes, family members, and people who share a home.
How it starts

How charges are laid

Police can act on a report from the person, a family member or a neighbour; by attending a disturbance and arresting on the spot; or on the physical evidence alone — injuries, damage, witnesses or recordings — even without the victim's cooperation. In NSW, for example, they may also apply for an ADVO alongside or instead of charges.

Incident reported, or police attend Police can charge on the evidence — no victim consent Now run by the prosecution — not the victim's to drop
Police don't need the victim's consent to charge. Once they do, it becomes the prosecution's matter — so the case usually continues even if the victim later wants to withdraw it.
What to do

If you're affected

If you're a victim

Getting safe & supported

  • Call 000 in an emergency, or go to / contact police.
  • Apply for a protection order / intervention order / ADVO for your state.
  • Get support from a service like 1800RESPECT (1800 737 732).
If you've been charged

Protecting your position

  • Get legal advice immediately — a conviction can mean prison, a record and travel or job problems.
  • Understand your bail — you may be barred from contact, or from returning home.
  • Attend every hearing, and avoid any contact or breach of an order.
Your rights if you're charged
  • You're innocent until proven guilty.
  • You can stay silent in questioning (beyond giving your name and address).
  • You're entitled to a lawyer.
  • You can challenge the charges — including the evidence and whether it meets the legal test.
By state & territory

Penalties by state

"Domestic assault" is charged as one of the underlying assault offences, with the domestic relationship treated as aggravating. Pick your state to see the ladder of charges and breach penalties.

Defences

Ways people defend it

Which of these can apply depends entirely on the facts and the evidence — a criminal lawyer can tell you which, if any, fit your situation.

  • Self-defence
  • False allegation
  • No intent
  • It was an accident
  • Mental impairment
Go deeper

Other charges in the assault family

Family violence Apprehended DV orders Breach of ADVO / AVO / IVO Choking Common assault Actual bodily harm (ABH) Grievous bodily harm (GBH) Child abuse
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This is general information, not legal advice. These laws and penalties vary by state, and every case turns on its own facts. If you've been charged or are under investigation, speak with a criminal lawyer or your state's Legal Aid service. If you're in danger, call 000.

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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 criminal lawyer.