What is the difference between assault and domestic violence?
The key difference between assault and domestic violence is that assault is a specific criminal offence, whereas domestic or family violence refers to harmful behaviour that occurs within certain personal relationships.
In Victoria, conduct described as family violence may involve a range of criminal offences, including assault. The same criminal offences can apply whether the alleged conduct occurs within a domestic relationship or between people who do not know each other.
The distinction, therefore, lies primarily in the relationship between the people involved, rather than the nature of the criminal offence itself.
What Is an Assault?
In criminal law, an assault occurs when a person intentionally or recklessly applies force to another person, or intentionally or recklessly causes another person to apprehend the immediate application of force.
An assault can occur even if:
no physical contact is ultimately made, or
no injury is caused
Where force is applied and injury results, a person may be charged with a range of offences under Victorian law, including:
intentionally causing serious injury
recklessly causing serious injury
intentionally causing injury
recklessly causing injury
The penalties for these offences vary significantly depending on the nature of the offence and the particular circumstances of the case.
If you have been charged with an assault-related offence, obtaining legal advice at an early stage can assist you in understanding the allegations, whether any defences may be available, and the potential penalties that may apply.
What Is Domestic or Family Violence?
In Victoria, the term family violence is used to describe harmful behaviour occurring between people who have, or have had, a particular type of personal relationship.
These relationships may include:
current or former intimate partners
parents and children
siblings
other relatives
people involved in a romantic or sexual relationship, even if the relationship was brief
Where conduct such as an assault occurs within one of these types of relationships, it may be described as family violence. In those circumstances, the alleged offender may still be charged with the same criminal offences that apply to assaults occurring outside a domestic relationship.
However, the concept of family violence under the Family Violence Protection Act 2008 (Vic) extends beyond physical assaults. It can include behaviour such as threats, coercion, controlling conduct or other forms of abuse within the relationship.
Some of these behaviours may not themselves constitute criminal offences. For example, behaviour that controls or dominates another person may fall within the definition of family violence even where no physical assault has occurred.
Conduct of this kind is often addressed through the making of a family violence intervention order, which is designed to protect the affected family member.
Once an intervention order is in place, however, behaviour that breaches the conditions of the order may result in criminal charges being laid.
Understanding this distinction between assault offences and other behaviour described as family violence can be important when dealing with allegations arising in a domestic context.
How Do Courts Deal with Family Violence Allegations?
Victorian courts treat allegations involving family violence seriously.
Cases involving alleged family violence are often given priority in court listings, meaning they may progress through the court system more quickly than some other criminal matters.
Where a person pleads guilty or is found guilty of an offence involving family violence, the court will take into account the nature of the relationship between the parties and the circumstances of the offending. Victorian courts have also emphasised that offences involving family violence require particular attention to deterrence and denunciation when determining an appropriate sentence.
Intervention Orders and Family Violence Allegations
Where a person is accused of family violence, police will often also apply for a family violence intervention order.
This may occur whether the allegation involves a criminal offence, such as an assault, or other behaviour that falls within the definition of family violence but does not itself constitute a criminal offence.
The purpose of a family violence intervention order is to protect the affected family member from further family violence. These orders can impose a range of conditions, including restrictions on:
approaching or contacting the protected person
attending certain locations, including the protected person’s home
contacting the protected person by phone, email or text message
In some circumstances, a person may be required to leave the home they share with the protected person or may be restricted in their ability to have contact with their children.
Applications for intervention orders are often made at the same time that police are investigating allegations of family violence or considering whether criminal charges should be laid. Because intervention order proceedings and related criminal charges often occur at the same time, it is often important to obtain legal advice about both matters.
Getting Legal Advice
At Stary Norton Halphen & Galbally, our lawyers regularly represent clients facing assault and family violence-related matters across the Victorian courts. We provide clear advice about the process, review the evidence relied upon by the prosecution and assist our clients in preparing and presenting their cases before the court.
If you have been charged with an assault or are facing allegations involving family violence, obtaining legal advice as early as possible may assist you in understanding the process and your options.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.