Family violence charges
A family violence charge can separate a person from their children, their partner and their home within a day - through bail conditions and court orders made long before anything is proved. Early advice helps you protect your rights, and your place in your family's life.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Police and the courts use "family violence" to describe the situation rather than any one offence. The charges commonly laid after a family incident include male assaults female, common assault, threatening behaviour, and breaching a protection order. The Family Violence Act 2018 governs protection orders and related measures.
What makes these cases different is how far they can reach into ordinary life, and how quickly. Police bail conditions and protection orders can mean a person may not return home or contact their partner or children while the case runs - and what happens in the criminal case can flow through to Family Court proceedings about care of children. Managing the two together, from the start, matters as much as the defence itself.
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 |
| Strangulation or suffocation (s189A) | Up to 7 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.
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
Where the allegation is disputed, the first job is testing the evidence: the accounts given, how they were taken, and whether what is alleged holds together. Even where a person accepts that something happened, the summary of facts can often be negotiated so that the version the court acts on fairly reflects your account of events, rather than the worst available reading of them.
In some cases the right course is making amends for a mistake - genuinely engaging with a non-violence programme or counselling, which courts give real weight to when the engagement is real. And where the consequences of a conviction would be out of all proportion to the offending, a discharge without conviction under section 106 can be applied for in appropriate cases. Which of these paths fits depends on the evidence and the person - it's usually the first conversation to have with a lawyer.
Frequently asked questions
What is a strangulation charge and how serious is it?
Strangulation or suffocation (section 189A of the Crimes Act 1961) means impeding another person's normal breathing or blood circulation. It has been a stand-alone charge since 2018, carries a maximum of 7 years' imprisonment, and police lay it readily after family incidents because of the recognised link between strangulation and escalating family violence. It is very serious indeed: on conviction the default end result is imprisonment, and avoiding that is hard work that needs to start early - so talk to a lawyer as soon as the charge is laid. These allegations frequently turn on disputed accounts and on the medical evidence, or the lack of it. Luke has defended strangulation charges to acquittal at jury trial. This is general information - every case turns on its own facts.
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, and it's usually the first practical thing to fix - if conditions are keeping you from your home or your children, contact Luke about applying for a bail variation.
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.
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