What family violence means
It covers a family or domestic relationship — partners and ex-partners, parents and children, siblings, and other relatives or household members. Every state has its own framework, but all of them treat family violence as a priority, and it can lead to criminal charges, protection orders, and prison.
- Physical assault — a partner is hit during an argument, charged as assault occasioning bodily harm.
- Coercive control — tracking a partner's phone, isolating them and controlling their money, charged under stalking, intimidation or economic-abuse provisions.
- Breach of order — contacting an ex despite a protection order, charged as a breach, which can mean prison.
How police lay charges
Police treat family-violence reports seriously, and can charge even without the victim's consent. The usual path:
- An incident is reported — by the person, a neighbour, a friend, or a professional.
- Police attend — assess the scene, speak to those involved, and gather evidence.
- Arrest or intervention — the alleged offender may be arrested or removed from the home.
- Charges are laid — such as assault, stalking, or property damage.
- A protection order — police may apply for a temporary order to protect the person.
A victim doesn't need to "press charges". Even though family violence often happens behind closed doors, police and prosecutors can proceed on the available evidence — statements, photos of injuries or damage, texts and emails, recordings, medical reports, or body-worn camera footage.
The court process
- First appearance (mention) — the accused appears; bail may be considered.
- Intervention order hearing — a separate hearing may deal with any protection order.
- Plea — guilty or not guilty.
- Hearing or trial — evidence is presented and witnesses may be cross-examined.
- Verdict & sentencing — penalties can include prison, fines, community orders, or mandated counselling.
Where children are involved, the matter may also intersect with Family Court proceedings.
If you're affected
Getting safe & supported
- Call 000 in an emergency.
- Seek a protection order through police or the court.
- Contact support like 1800RESPECT (1800 737 732), and document incidents.
Protecting your position
- Get legal advice immediately, and don't breach any protection order.
- Comply with bail and court conditions, and don't contact the alleged victim.
- Remember texts, emails and other records can be used as evidence.
Laws, orders & penalties by state
Family violence is charged through underlying offences, alongside a protection order. Pick your state to see the order's name and the penalty range.
Related pages
This is general information, not legal advice. Family-violence laws, orders 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.
