Domestic and family violence is a serious and complex issue that affects many individuals and families across Australia. When facing domestic violence charges, understanding the types of charges, their consequences, and related legal processes can be overwhelming. At Elysian Law, we specialise in domestic and family violence cases, providing compassionate and experienced legal support to help individuals through these tough times.
What is the Charge of Domestic Violence?
In Australia, domestic violence charges often involve physical, emotional, psychological, property damage or financial harm. Currently, domestic violence itself is not a single charge, several offences fall under this category due to the nature of the relationship between the accused and the victim. Domestic violence charges often apply in situations involving partners, ex-partners, family members, and even close household relationships.
If you need help around domestic violence issues contact Elysian Law today.
Types of Domestic Violence Charges
Several types of criminal charges can be categorised under domestic violence if committed within a domestic or family relationship. Below are some of the primary charges associated with domestic violence in Australia:
Assault Charges
Physical assault,or threats of assault, including hitting, slapping, or any form of physical harm, is one of the most common charges in domestic violence cases. This charge can vary in severity from common assault to grievous bodily harm, depending on the harm inflicted. Penalties for assault in domestic violence cases can be severe, including large fines and imprisonment, depending on the extent of injury and past criminal history.
Choking/ Strangulation
The offence of choking, suffocation or strangulation in a domestic setting was introduced to Queensland in 2016. The offence of choking, suffocation or strangulation must be finalised in the District Court and carries a maximum of seven years (7) of imprisonment. This is a serious offence and if sentenced often the penalty is imprisonment unless there are exceptional circumstances. This charge can be complex thus, you must get legal advice if you are charged with this offence.
Sexual Offences
Sexual offences such as sexual assault or rape in a domestic setting is classified as a domestic violence offence. Sexual assault is when a person touches another person inappropriately without consent or forces another person to commit sexual acts against their will. Rape is the most serious form of sexual assault, forcing someone to have sexual intercourse or penetration without their consent. Rape is considered a very serious offence and carries a maximum sentence of life in imprisonment. The defences to sexual offences can be complex and are often based on the circumstances involving the incident.
Stalking and Intimidation
Stalking, including monitoring movements or repeatedly contacting someone against their wishes, is treated seriously in domestic violence cases. Intimidation, such as making threats to instil fear, can also lead to criminal charges. These behaviours are often charged under stalking or harassment laws (Queensland Government Stalking Offences).
Property Damage and Destruction
In domestic violence contexts, damage to property, such as breaking or destroying items within a home, can be a form of domestic violence. Property damage charges may apply if an individual deliberately destroys or damages a partner’s or family member’s belongings. This charge is commonly used for smashing a person’s phone, computer or destruction of their car.
Emotional and Psychological Abuse
While emotional and psychological abuse does not typically have specific criminal charges, it can play a role in the severity of other charges or be referenced in court when assessing the relationship context.
Psychological abuse can include manipulation, isolation, and other forms of control that impact the mental well-being of the victim. These aspects can influence sentencing and protective orders.
Breach of Domestic Violence Orders (DVOs)
If a Domestic Violence Order (DVO) is in place, any breach, such as committing any of the acts above or contravening the conditions of the protection order, constitutes a criminal offence. Breaching a DVO is taken very seriously, with consequences that may include imprisonment (Queensland DVO Breach Penalties).
Coercive Control
The offence of Coercive Control will come into effect in 2025.
This offence will be in the Queensland’s Criminal Code and will provide when a person (who is an adult) is in a domestic relationship with another person, and engages in a course of conduct that is coercive or controlling which would reasonably likely cause the other person harm, will be charged with a criminal offence. Like other domestic violence offences, a sentence of imprisonment can be imposed for this charge.
Consequences of Domestic Violence Charges
The consequences of domestic violence charges in Australia vary based on the specific charges and circumstances. Sentences can include orders to of good behaviour, fines, community service orders (includes probation) and imprisonment either served in jail or in the community.
In addition to criminal penalties, the courts may issue a protection order to prevent the accused from contacting or coming near the victim. In circumstances where there is already a protection order in place when the court determines the criminal offences, the Court has the power to amend or vary the current order at the time of sentencing.
Being convicted of domestic violence charges may result in a criminal record. If you are convicted of an offence which is domestic violence in nature, it will state the offence is a DV offence on your criminal history. Having a criminal record may affect future or ongoing employment, travel, and restrict other areas of life. If any future protections order application are bought or there are family proceedings, your criminal history can be used as evidence to show a person’s character.
Lasty, it is important to note if you are convicted of a serious criminal offence in which imprisonment is imposed and you are not a citizen, you may be deported upon release from custody.
As these consequences may impact both immediate and long-term aspects of a person’s life, seeking legal advice is essential for individuals facing domestic violence charges to navigate the system effectively and protect their rights.
Can a Victim of Domestic Violence Be Charged?
A common question we encounter is: “Can a victim of domestic violence be charged?” In some situations, victims may act in self-defence or retaliate to protect themselves, potentially leading to assault or property damage charges.
If a victim faces charges in such a context, the courts may consider factors like self-defence or mistake of fact when assessing their case.
It is important to note, an aggrieved person cannot be charged if they assisted a respondent to breach a protection order. For example, if the aggrieved stated contact was fine and invited the respondent to their house in contravention of a condition, it is still a criminal offence. It is important that you protect yourself and ensure a condition is not breached even with a person’s consent and influence.
Elysian Law specialises in defending individuals who may find themselves in these complex situations, ensuring the full context of their actions is understood and presented in court. Legal representation in these cases is vital, as domestic violence dynamics can significantly affect the legal outcome.
Domestic Violence Criminal Charges in Australia
In addition to the specific charges outlined above, domestic violence charges may also fall under broader criminal offences:
- Sexual assault: In domestic contexts, sexual assault is a serious charge, carrying severe penalties.
- Kidnapping or unlawful confinement: In some situations, restricting a partner’s movement or holding them against their will can lead to kidnapping or unlawful confinement charges.
- Financial abuse: Though not a criminal charge on its own, financial abuse may be referenced in court as part of a pattern of domestic violence. Financial abuse involves restricting access to money, employment, or resources, which can impact the sentencing of other charges.
Seeking Legal Support for Domestic Violence Charges
Facing domestic violence charges can be an overwhelming experience, with legal and personal repercussions. At Elysian Law, we are dedicated to helping our clients understand their rights, their legal options, and to secure the best possible outcome. Our approach to domestic and family violence cases is uniquely focused on empathy and clarity, ensuring you feel supported at every step with a robust defence strategy.
If you’re facing domestic violence charges or have questions about how these charges may apply to your case, reach out to Elysian Law for a confidential consultation. With our depth of experience and commitment to client care, we aim to provide strength, clarity, and guidance during this challenging time.
