Domestic Violence Offences
Domestic violence is a serious criminal offence in South Australia and is addressed under multiple laws, including the Intervention Orders (Prevention of Abuse) Act 2009 (SA) and the Criminal Law Consolidation Act 1935 (SA). Courts treat these offences with the highest priority due to the potential harm to victims and the broader community.
What the Offence Is
Domestic violence refers to abusive or violent behaviour occurring within an intimate or family relationship. This can include:
- Physical abuse – Assault, hitting, punching, strangulation, or any other act of violence.
- Sexual abuse – Coercing or forcing someone into sexual activity without consent.
- Emotional or psychological abuse – Controlling, threatening, intimidating, or humiliating a partner.
- Economic abuse – Controlling or restricting access to finances or assets.
- Stalking or harassment – Repeated unwanted contact, following, or monitoring a person.
- Property damage – Destroying or damaging a partner’s belongings.
- Coercive control – A pattern of behaviour that isolates, intimidates, or controls apartner.
Domestic violence is not a single offence but can involve multiple criminal charges under South Australian law, including:
- Assault (section 20 of the Criminal Law Consolidation Act 1935)
- Threats to cause harm (section 19 of the Criminal Law Consolidation Act 1935)
- Propertydamage (section 85 of the Criminal Law Consolidation Act 1935)
- Stalking (section 19AA of the Criminal Law Consolidation Act 1935)
In addition, police and courts can impose Intervention Orders under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) to protect victims from further harm.
Why you Need Legal Advice
A domestic violence conviction can have life-altering consequences, including jail time, a criminal record, restrictions on employment, and loss of child custody or firearm licences. Courts take these matters very seriously, and having expert legal representation is crucial.
If you have been charged with a domestic violence offence orserved with an Intervention Order, contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and advise you onyour legal options.
Helpful Questions & Answers
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What the Prosecution Needs to Prove (Elements of the Offence)
For a conviction, the prosecution must prove beyond a reasonable doubt that:
- A Domestic Relationship Existed – The accused and victim were in an intimate or family relationship.
- An Act of Abuse Occurred – The accused engaged in conduct that constitutes abuse or violence.
- Intent or Recklessness – The accused intended to harm or was reckless as to whether their actions would cause harm.
If the case involves a breach of an Intervention Order, theprosecution must prove:
- There was a valid Intervention Order in place.
- The accused was aware of the order.
- The accused breached the conditions of the order.
The Relevant Court
Domestic violence matters are generally heard in:
- The Magistrates Court of South Australia – For summary offences and Intervention Orders.
- The District Court of South Australia – For more serious indictable offences, such as aggravated assault or sexual offences.
What Defences Are Available?
Possible defences against domestic violence charges include:
- Self-Defence – If the accused was protecting themselves from immediate harm and used reasonable force (section 15 of the Criminal Law Consolidation Act 1935).
- False Allegations – If the alleged victim has made false claims out of revenge, spite, or to gain an advantage (e.g., in family law disputes).
- Lack of Intent – If the accused did not intend to cause harm, such as an accident or misunderstanding.
- No Domestic Relationship – If the alleged victim was not in a domestic relationship with the accused, the offence may not apply.
- Consent – In some cases, the alleged victim may have consented to the actions (e.g., property damage in shared finances).
Each case is unique, and legal advice is essential to determine the best defence strategy.
What Are the Specific Maximum Penalties for the Offence?
The penalties for domestic violence offences vary depending on the nature and severity of the offence. Some examples include:
- Aggravated Assault (section 20 of the Criminal Law Consolidation Act 1935) – Up to 3 to 5 years' imprisonment.
- Threats to Cause Harm (section 19 of the Criminal Law Consolidation Act 1935) – Up to 12 years' imprisonment.
- Stalking (section 19AA of the Criminal Law Consolidation Act 1935) – Up to 3 years' imprisonment, or 5 years if the offence involves a firearm or breaches an intervention order.
- Breach of an Intervention Order (section 31 of the Intervention Orders (Prevention of Abuse) Act 2009) – Up to 3 years' imprisonment.
For serious offences, courts may impose intervention orders, restraining orders, or custodial sentences.
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