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Charged With Domestic Violence? Steps to Take for Protecting Your Future
Andrew Byrnes Law Group • March 31, 2024
Domestic violence remains a significant concern that impacts individuals across Australia. In a recent data from the Australian Bureau of Statistics (ABS), it was revealed that 11.3% of adults (2.2 million individuals) have experienced violence from a current or former cohabiting partner, while 7.0% (1.4 million) encountered violence from another family member. Given the prevalence of domestic violence, it shows the importance of providing support to all those affected, including those charged with domestic violence.
In this blog, we'll delve into the specifics of domestic violence, particularly what you should do if you've been charged with it. We'll guide you through important steps to protect your future and navigate this challenging situation. Whether you're facing false accusations or grappling with the repercussions of your actions, it's crucial to understand your legal rights and options. Read this blog to find out.
What is domestic violence?
Domestic violence is a form of abusive behaviour in which one person in a domestic relationship seeks to maintain power and control over the other. Domestic violence offence covers a range of abusive behaviors, which can include the following:
- committing an assault or making attempts to assault such as hitting, kicking, punching, or using weapons
- non-consensual sexual activity or coercion within a domestic relationship, including rape, sexual assault, or forced participation in sexual acts against one's will
- manipulation tactics to control or intimidate the victim, such as gaslighting, threats of harm to loved ones, or isolation from friends and family
- verbal threats, insults, humiliation, or constant criticism
- controlling or exploiting the victim's financial resources or limiting their access to money, employment, or financial independence
- violating an
Apprehended Domestic Violence Order (ADVO) issued against you
What is considered a domestic relationship?
Domestic violence offences can occur within various types of relationships, including married couples, cohabiting partners, or individuals in dating relationships. In such cases, it is considered a domestic relationship if you:
- are married to another person
- are in a de-facto relationship with another person
- have, or have had, an intimate personal relationship (not necessarily of a sexual nature)
- are living with them or have cohabited in the past
- depended on the other person for care, whether paid or unpaid
- provided unpaid care for the other person, and they are or were dependent on you
- if you are, or have been, related to them
- an Aboriginal or Torres Strait Islander and are, or have been, a member of their extended family or kin
What happens if I am charged with a domestic violence offence?
When sentencing domestic violence offenders, legal and procedural steps may follow:
Court Attendance Notice
If law enforcement determines that there's sufficient evidence to charge an individual with a domestic violence offence, they will issue a Court Attendance Notice (CAN) to the alleged offender. This notice will outline the charges and specify the date, time, and location of the court appearance.
Interim Domestic Violence Orders
An Interim Domestic Violence Order is a temporary court order issued by a magistrate or judge in response to an application filed by a victim or the police alleging domestic violence. It provides immediate protection to the victim by imposing restrictions on the offender's behaviour. Until a full hearing can be conducted, an Interim DVO is issued on an interim basis to determine whether a final Domestic Violence Order (DVO) should be granted.
Charge with Multiple Offences
In domestic violence cases, it's common for law enforcement to file multiple charges against a domestic violence offender tor reflect the various aspects of the incident and the severity of the offences. For instance, they might charge the individual with assault, harassment, and property damage, among other offences, to accurately cover the full scope of the alleged abuse and provide appropriate legal action.
What legal consequences can I face if charged with domestic violence in Australia?
Perpetrators of domestic violence may face criminal charges, with penalties that can vary depending on personal circumstances and the severity of the offence. These include:
Fines and Civil Penalties
Domestic violence offences carry significant fines that can vary depending on the severity of the offence and the jurisdiction. In addition to fines, domestic violence victims may also seek compensation for medical costs, emotional distress, and property damage through civil lawsuits. The aim is not only to hold offenders accountable but also to provide justice and support for victims of domestic violence.
Restraining Orders
Courts can issue restraining orders or an apprehended domestic violence order to protect victims from further harm. These orders may include specific conditions such as prohibiting the offender from contacting the victim, attending certain locations, or possessing firearms. The aim of an apprehended domestic violence order is to promote the safety and well-being of the victim by establishing clear boundaries and restrictions on the perpetrator's behaviour.
Imprisonment
If you face charges for breaching Apprehended Domestic Violence Orders with a violent act, the court is obligated to impose a term of imprisonment.
| Legislation | Domestic Violence Type | Maximum Years of Imprisonment |
|---|---|---|
| Crime (Domestic and Personal Violence) Act 2007 Section 13 | Stalking or intimidation with intent to cause fear of physical or mental harm | 5 years |
| Crime (Domestic and Personal Violence) Act 2007 Section 14 | Breaching an Apprehended Domestic Violece Order (ADVO) | 2 years |
| Crimes Act 1900 (NSW) Section 59 | Assault occasioning actual bodily harm | 2-5 years |
| Crimes Act 1900 Section 33 | Wounding or grievous bodily harm with intent | 25 years |
| Crimes Act 1900 Section 35 | Reckless grievous bodily harm or wounding | 7-14 years |
| Crimes Act 1900 Section 61 | Common assault prosecuted by indictment | 2 years |
| Criminal Code Section 474.17 | The use of carriage service to offend, harass, or menace | 3 years |
| Criminal Code Section 474.15 (1) | The use of carriage service to make a threat to kill | 10 years |
| Criminal Code Section 474.15 (2) | The use of carriage service to make a threat to cause serious harm | 7 years |
| Crimes Act 1900 Section 37 (1A) | Choking, suffocation, and strangulation | 2-5 years |
| Crimes Act 1900 Section 37 1 | Chokes, suffocates, or strangles another person with the intent to render them unconscious or unable to resist, and acts negligently in doing so. | 10 years |
| Crimes Act 1900 Section 37 2 | Chokes, suffocates, or strangles another person to make them unconscious or unable to resist, intending to commit another crime or assist someone else in doing so. | 25 years |
| Crimes Act 1958 Section 195 (1a) | If someone intentionally or negligently damages property belonging to another person, they are held responsible. | 2-5 years |
| Crimes Act 1958 Section 195 | If someone intentionally or negligently damages property belonging to another person or shared between them and another person, they are responsible, even if fire or explosives caused the destruction. | 2-5 years |
| Crimes Act 1958 Section 195 (1Aa) | An individual is responsible if, while with others, they cause damage to property that belongs to someone else or is jointly owned by them and another person. | 6 years |
| Crimes Act 1958 Section 195 (1Ab) | An individual is responsible if, while with others, they intentionally or negligently cause damage to property that belongs to someone else or is jointly owned by them and another person, particularly if fire or explosives caused the damage. | 11 years |
| Crimes Act Section 18 | Murder | Life Imprisonment |
Counseling or Rehabilitation Programs
In some cases, domestic violence perpetrators may be sentenced to probation or community service as an alternative to imprisonment. This option allows individuals to receive support while still being held accountable for their actions within the community. Furthermore, they may also be required to attend counseling or rehabilitation programs to address underlying issues such as anger management or substance abuse.
Non-Custodial Sentences
For less serious offences, such as a breach of an apprehended domestic violence order where violence is not involved, the court may opt for non-custodial sentences, such as a Good Behaviour Bond or a Community Work Order. These alternatives aim to address the offence while allowing the individual to remain in the community under specified conditions. In certain situations, individuals may request leniency from the court under Section 10 of the Crimes (Sentencing Procedure) Act 1999, where the court acknowledges the matter as proven but does not proceed with a conviction.
What steps can I take to protect my future against charges of a domestic violence offence?
Here are some steps you can take to protect your future against charges of a domestic violence offence.
1. Seek Legal Advice
Seeking legal advice early on in domestic violence matters can significantly impact the outcome of your case. To make sure your rights are exercised, seek legal advice as soon as possible. Bring any documentation provided by the police, such as arrest records or charging documents containing essential information about the allegations against you. The sooner you do this, the better equipped you will be to explore potential defence strategies and prepare for court proceedings.
2. Understand the Family Violence Act
In cases of domestic violence, understanding the Family Violence Act is important as it provides legal guidance on the specifics of the offence. As much as possible, familiarise yourself with the provisions of this act to learn more about the charges against you and the potential outcomes of your case. Understanding how the Family Violence Act defines and addresses domestic violence can help you navigate the legal proceedings more effectively.
3. Gather Evidence
If you choose to plead not guilty to a criminal offence, it's crucial to prepare a strong defence with the help of your lawyer. This may involve gathering evidence, identifying witnesses, and challenging the prosecution's case against you. Remember, you are presumed innocent until proven guilty beyond a reasonable doubt and asserting your innocence is your legal right, so it's important to exercise it fully and confidently.
4. Negotiate the Charge
You have the opportunity to negotiate the allegations or the charge itself with the police prosecutor. This process is conducted in writing through case conferencing, where you'll need to articulate what changes you propose and your reasons behind them. Ultimately, the decision on your charge rests with the Police Prosecution and their superiors at the court.
5. Comply with Court Orders
If charged with a domestic violence offence, complying with court orders can help minimise the complexities of your case. Attend court hearings and cooperate with legal proceedings to show that you are committed to resolving the matter responsibly. Consistent compliance not only positively influences the court's perception of your character but it also contributes to building trust with the court and may lead to more favourable outcomes in your case.
6. Avoid Further Offences
Domestic violence offences not only have immediate legal consequences but can also have long-lasting effects on your personal and professional life. Therefore, it's important to avoid further incidents to protect your future from domestic violence charges. By demonstrating respectful behaviour, you not only mitigate the risk of additional legal consequences but you can also safeguard your reputation and relationships.
Takeaway
Domestic violence matters require timely and comprehensive legal support to ensure justice and protection for everyone involved. If you have been charged and need a criminal lawyer for your domestic violence case, contact Andrew Byrnes Law Group right away for experienced and dedicated legal representation.
Our team of skilled lawyers specialises in criminal law and we have a proven track record of successfully defending clients in domestic violence cases. Let us defend your rights and help you achieve the best possible outcome for your case. Book a free meeting with our lawyer today.
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