Family violence charges
Family violence cases move quickly and carry immediate consequences - bail conditions, protection orders and the involvement of others. Early advice helps you protect your rights and your relationships.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
"Family violence" is not a single charge - it's a context. Charges commonly laid include male assaults female, common assault, threatening behaviour, and breaching a protection order. The Family Violence Act 2018 governs protection orders and related measures.
An important point: in family violence cases the police, not the complainant, decide whether a charge proceeds. A complainant withdrawing support does not automatically end the case.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Common assault (family violence) | Up to 6 months / $4,000 |
| Male assaults female (s194) | Up to 2 years |
| Breach of protection order (s112 FVA) | Up to 3 years |
Family violence charges are taken seriously, but many first-time matters can be resolved without imprisonment, and sometimes without a conviction. Outcomes depend on the seriousness, any injuries and your history. Penalties are indicative - check current legislation.
Possible defences
- Self-defence or defence of another.
- The incident did not occur as alleged, or the account is unreliable.
- Reasonable excuse (for breach-of-order charges).
- Identity, or accidental conduct.
The court process
Family violence matters usually start in the District Court, often with bail conditions that may restrict where you live or who you can contact - including your own family. These conditions can sometimes be varied. Resolving the underlying issues, where appropriate, can also help the outcome.
Reducing the consequences
- Applying to vary restrictive bail conditions where they're disproportionate.
- Seeking a discharge without conviction (s106) in appropriate cases.
- Negotiating reduced charges where the evidence supports it.
- Engaging with non-violence programmes or counselling to support a better outcome.
Frequently asked questions
My partner doesn't want to proceed - will the charge be dropped?
Not automatically. In family violence cases the police decide whether to continue, even if your partner withdraws their support. The case can still proceed, so get advice early.
Can I go home / contact my family?
Bail conditions in family violence cases often restrict contact or where you can live. These conditions can sometimes be varied - this is one of the first things to address with your lawyer.
Will a family violence charge affect my custody or care of children?
It can have flow-on effects. These matters are best managed carefully and early, with advice tailored to your situation.
Will I go to jail?
Many first-time family violence matters are resolved without imprisonment. The risk increases with the seriousness of the offending, any injuries, and prior history.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
Early advice protects your rights. Confidential, no-obligation initial discussion.