What Are the Punishments for Domestic Violence in Australia?

 

Domestic violence is a serious problem and criminal offence in Australia, with significant consequences for those convicted.

 

What is Domestic Violence?

 

Domestic violence in Australia includes a wide range of abusive behaviours within intimate or family relationships, including:

• physical assault,
• psychological abuse,
• financial control,
• sexual abuse,
• threats.

Domestic violence laws across Australia vary between the various States and Territories, yet all enforce strict measures to address this behaviour, recognising its impact on the safety and mental health of those involved, especially children.

For example, South Australia’s legislation is designed to punish these behaviours, recognising the profound effect on the safety and well-being of all involved, particularly children.

South Australian law includes several key pieces of legislation relevant to domestic violence:

 

1. Criminal Law Consolidation Act 1935 (SA)

This Act addresses various criminal offences, including domestic violence.

Section 20A, for instance, specifically criminalises acts of choking, suffocation, or strangulation in a domestic setting.

 

2. Intervention Orders (Prevention of Abuse) Act 2009 (SA)

This Act allows Courts to issue intervention orders to protect individuals from domestic violence.

Breaching an intervention order is a criminal offence, punishable by imprisonment or fines.

Penalties for domestic violence in Australia vary based on the severity and nature of the offending, with possible consequences ranging from fines to imprisonment.

 

Legal Consequences & Punishments for Domestic Violence in Australia

 

1. Imprisonment

Imprisonment is among the most severe penalties for domestic violence in Australia.

For serious offences involving physical harm or repeated breaches, Courts can impose significant prison terms.

For example, breaching an intervention order can be punished by up to two years in prison, and in extreme cases, an offender may face up to 20 years of imprisonment.

 

2. Fines & Monetary Penalties

Fines are another form of penalty, especially in cases involving minor assault or harassment.

The amount can vary significantly depending on the offence and the offender’s financial circumstances.

For example, certain summary offences related to domestic violence can attract fines of up to $10,000, especially in cases involving repeat offenders or where harm has been caused.

 

3. Community Service Orders

Community service may be issued as an alternative to imprisonment for less severe cases, especially first-time offenders.

Community service orders require offenders to complete a certain number of hours working within the community, often through programs aimed at rehabilitation.

 

4. Restraining & Intervention Orders

While restraining and intervention orders are preventative measures rather than punishments, breaching them is a criminal offence.

Conditions can include keeping a specific distance from the victim’s home or workplace, and breaching these orders can lead to imprisonment or fines.

 

5. Mandatory Counselling or Rehabilitation Programs

Courts may order offenders to attend mandatory counselling or rehabilitation programs, particularly in cases involving substance abuse or anger management issues.

These programs aim to address the underlying causes of violent behaviour, offering offenders an opportunity for change.

Failure to attend these programs can lead to further penalties, as Courts take compliance seriously.

 

Aggravating Factors & Repeat Offences

 

The severity of punishment for domestic violence offences can be influenced by several aggravating factors, such as prior convictions, the use of a weapon, or committing the offence in front of children.

Repeat offenders face increased scrutiny, as repeated incidents indicate a concerning pattern.

Courts often impose harsher penalties on repeat offenders, which can include extended prison terms.

 

Recent Legislative Reforms in South Australia

 

As of October 2024, South Australia has introduced new reforms aimed at enhancing protection for domestic violence survivors.

These changes include mandatory home detention and electronic monitoring for individuals granted bail after breaching intervention orders involving threats or acts of violence.

 

Domestic Violence & Family Law

 

Domestic violence also has serious implications in family law.

In cases involving allegations or convictions, these factors can significantly affect parenting orders, property settlements, and other family law matters.

As of 10 June 2025, Courts are now required to consider the impact of family violence, including economic and financial abuse, in all property and parenting matters under the Family Law Act.

 

1. Impact of Domestic Violence on Parenting Orders & Child Custody

Under the Family Law Act 1975, the Court’s primary concern is the child’s safety and best interests.

A history of family violence, including exposure to harm or coercion, must now be considered by law when making parenting decisions.

Restrictions may include supervised visits, no contact orders, or reduced time with children.

 

2. Protection for Children in Domestic Violence Situations

Intervention orders can include specific child-related provisions, such as restricting the offender from approaching a child’s school or home.

The Court may also require a parent to complete parenting programs focused on creating safer environments.

 

3. Property Settlements in Domestic Violence Cases

From 10 June 2025, the Court must now assess whether family violence affected a party’s ability to contribute (financially or otherwise) to the relationship. This includes cases involving coercive control, economic manipulation, or financial restrictions.

Such conduct may result in adjustments to the property settlement to compensate the victim for loss, disadvantage, or harm suffered.

 

4. Effects of Domestic Violence on Spousal Maintenance

If domestic violence has reduced a victim’s capacity to earn or maintain financial independence, this may impact spousal maintenance orders. The Court can now explicitly consider financial abuse or emotional harm when determining future needs, including therapy or medical costs.

 

5. Intervention Orders & Their Impact on Family Dynamics

Intervention orders can alter family dynamics by limiting or preventing contact between the offender and other family members.

Breaches are considered seriously, and conditions are often tailored to ensure safety, particularly where children are involved.

 

Contact Us

 

For more information about the punishment for domestic violence in Australia, contact Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.

• Fill in our enquiry form here
• Call us on 08 8362 5269
• Like us on Facebook
• Follow us on LinkedIn

Read more about our Family Law services here.

Related Blog – Intervention Order: Is That It or Can I Change It?