Domestic Violence Penalties: 5 Important Factors

Domestic violence encompasses a range of behaviours, including physical, sexual, emotional, and financial abuse. The penalties vary based on the severity and specifics of each case:

• Physical Assault: Penalties can range up to 2 years in prison for common assault. In severe cases, such as causing grievous bodily harm, offenders may face up to 25 years in prison.
• Sexual Assault: Penalties include up to 14 years in prison, increasing to 25 years for aggravated sexual assault.
• Emotional or Psychological Abuse: Sanctions can vary, potentially involving imprisonment, fines, or both, based on the harm inflicted and case-specific elements.
• Breaching Orders: Violating Domestic Violence Orders (DVO) or Apprehended Domestic Violence Orders (ADVO) can result in up to two years of imprisonment and/or fines.

🔑 Key Takeaway: Penalties for domestic violence in Australia vary significantly based on the nature of the offence and the harm caused, with severe cases leading to long-term imprisonment.

Also read: Is Verbal Abuse Domestic Violence?

Factors Influencing Sentencing

Courts consider several factors when determining appropriate sentences for domestic violence offences:

1. Nature and Severity of the Crime: This refers to the type of domestic violence offence committed and how serious it is. For instance, a more severe crime like aggravated assault will be treated more harshly than a less serious offence. This factor considers the specific actions involved in the crime and their gravity.
2. Harm Caused to the Victim: This involves assessing the physical, emotional, and psychological impact on the victim. More significant harm to the victim typically results in a more severe penalty. This factor acknowledges the immediate and long-term effects of the crime on the victim’s wellbeing.
3. Defendant’s Criminal History and Personal Circumstances: This considers the defendant’s past criminal record, if any, and their current life situation, including their socio-economic status, family background, and other relevant personal factors. A history of similar offences may lead to a harsher sentence, while certain personal circumstances might mitigate the severity of the punishment.
4. Defendant’s Remorse and Steps Towards Rehabilitation: If the defendant shows genuine remorse for their actions and has taken steps towards rehabilitation (such as undergoing counseling or treatment), this can influence the sentencing. Demonstrating a commitment to change and acknowledging the wrongdoing can be seen as positive factors in reducing the sentence.
5. Principles of General and Specific Deterrence: General deterrence aims to discourage the broader community from committing similar offences by setting an example through the punishment given. Specific deterrence focuses on preventing the particular offender from re-offending. Both are based on the idea that the fear of punishment will reduce the likelihood of future offences, both by the individual and by others in the community. This factor is about upholding societal norms and conveying a strong message against domestic violence.

Also read: Signs of Elder Financial Abuse and How to Report the Case

Each of these factors plays a crucial role in determining the appropriate penalty in domestic violence cases, ensuring that the punishment not only fits the crime but also serves the broader objectives of justice and societal safety.

🔑 Key Takeaway: Sentencing in domestic violence cases is comprehensive, considering various factors including the defendant’s history, the nature of the offence, and the broader implications for society.

Maximum Sentencing for Different Charges

The following summary outlines the maximum sentencing for various domestic violence charges:

• Common Assault: Up to 2 years imprisonment.
• Assault Occasioning Actual Bodily Harm: Up to 5 years imprisonment.
• Reckless Grievous Bodily Harm: Up to 7 years imprisonment.
• Wounding or Grievous Bodily Harm with Intent: Up to 25 years imprisonment.
• Stalking/Intimidation: Up to 5 years imprisonment.
• Breaching a DVO: Up to 2 years imprisonment and/or a fine.
• Emotional/Psychological Abuse: Varies, can include imprisonment, fines, or both.
• Sexual Assault: Up to 14 years imprisonment.
• Aggravated Sexual Assault: Up to 25 years imprisonment.

🔑 Key Takeaway: The extent of punishment for domestic violence in Australia is determined by the specific charge, with some cases leading to lengthy periods of imprisonment.

Hayder Shkara

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.