Male assaults female (MAF) charges
A 'male assaults female' charge is treated seriously by the courts and can have lasting effects on your record, work and travel. Understanding the charge early gives you the best chance of a good outcome.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
A "male assaults female" charge, usually shortened to MAF, is one of the most common charges laid after an incident at home. It comes under section 194 of the Crimes Act 1961 and covers an assault by a man on a woman. Where the people involved are partners or family, the same conduct is now often charged instead as assault on a person in a family relationship (s194A), which carries the same two-year maximum. Whichever label is used, it is treated as family violence, and that affects bail, the court process and how the case can be resolved.
"Assault" here is wider than most people expect. Nobody has to be injured, or even touched. Deliberately using force on someone counts, but so does trying to, and so can threatening them with an action or gesture, as long as it looks like you could carry the threat out there and then.
Even where the complainant does not want the case to go ahead, it is the police, not the complainant, who decide whether the charge continues.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Male assaults female, s194 Crimes Act 1961 | Up to 2 years' imprisonment |
| Assault on a person in a family relationship, s194A Crimes Act 1961 | Up to 2 years' imprisonment |
| Common assault, s9 Summary Offences Act 1981 | Up to 6 months / $4,000 - a less serious, summary alternative |
Many first-time matters of this kind do not result in imprisonment, though a conviction can still affect employment and travel. Outcomes depend on the seriousness of the alleged assault, any injuries and the person's history. First-time offenders who genuinely engage with an anger-management or non-violence programme are often considered for a discharge without conviction under section 106. The figures above are maximums and are rarely the sentence actually imposed.
The court process
A male-assaults-female charge is dealt with in the District Court. Early on, the police usually impose bail conditions, and these can be far-reaching, for example a condition not to contact the complainant, or not to return to a shared home. Conditions like these can affect where you live, your childcare arrangements and ordinary daily life, sometimes for months while the case runs.
Where bail conditions are unfair or unworkable, they can be challenged, and this is one of the areas where early help makes the most difference. Call 022 094 2196 if bail conditions are causing problems at home, so the arrangements can be looked at.
In some cases the charge can be resolved as the less serious common assault under the Summary Offences Act rather than the Crimes Act charge. Whether that is realistic depends entirely on the evidence and the circumstances. A common-assault conviction carries a lower maximum penalty and tends to be viewed less seriously, which can matter for employment and overseas travel.
Reducing the consequences
- Engaging the police prosecutor early to seek resolution to the summary common-assault charge.
- Completing an anger-management or non-violence programme - genuinely engaging with this can make a real difference to how a matter is viewed and resolved.
- Seeking a discharge without conviction (s106) where the consequences of a conviction would be out of all proportion to the offending.
- An early guilty plea and genuine remorse, where that is the right course.
Frequently asked questions
Will I go to jail for an MAF charge?
Many first-time male-assaults-female matters are resolved without imprisonment, but it depends on the seriousness of the alleged assault, any injuries and your history. Serious or repeat offending carries a real risk of a custodial sentence.
The complainant doesn't want to press charges - will it be dropped?
Not necessarily. In family-violence cases the police, not the complainant, decide whether to continue, so a case can still proceed even after the complainant withdraws support. Working with a lawyer to manage that process is fundamental to giving the charge the best chance of being dismissed, and it matters all the more because bail usually includes a condition not to contact the complainant, which limits what you can do yourself.
Can a male-assaults-female charge be reduced to common assault?
Sometimes. Where the evidence and circumstances support it, a defence lawyer can ask the police prosecutor to resolve the matter as a common assault under the Summary Offences Act, which is less serious than the Crimes Act charge. Whether that's realistic depends entirely on the facts and the disclosure - this is general information, not advice about any particular case.
Can I avoid a conviction?
Possibly. A discharge without conviction under section 106 may be available where the consequences of a conviction would be out of all proportion to the offending. Whether it applies depends on your circumstances.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
Early advice protects your rights. Confidential, no-obligation initial discussion.