Domestic violence offending is primarily dealt with under the Domestic Violence Act 1994 (SA) and the Criminal Law Consolidation Act 1935 (SA). The Act allows the Court to make domestic violence restraining orders where there is a reasonable apprehension of violence, property damage, intimidation, or harassment.
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Indictable offence
Magistrates & District Court of South Australia
Maximum penalty of 2-10 years imprisonment
Domestic Violence Key Facts
| Offence |
Domestic violence offending is dealt with under the Domestic Violence Act 1994 (SA) and the Criminal Law Consolidation Act 1935 (SA). It includes breaching an intervention order, assaulting, threatening, or abusing a partner, family member, or person in a domestic relationship. Where underlying criminal conduct occurs (such as assault, causing harm, or causing serious harm), charges are laid under the Criminal Law Consolidation Act. An intervention order (also known as a domestic violence restraining order) is a court order that places restrictions on a person’s behaviour. Conditions can include no contact, staying away from certain places, or surrendering firearms. |
| Maximum Penalty |
Breach of intervention order: Up to 2 years’ imprisonment (s 15, Domestic Violence Act). Basic assault causing harm: Up to 3 years; aggravated by weapon, up to 5 years. Causing harm (s 24): Up to 10 years; aggravated, up to 13 years. Causing serious harm (s 23): Up to 20 years; aggravated, up to 25 years. |
| Typical Sentence |
Minor breaches or low-level assaults may attract fines, bonds, or community orders. More serious assaults often result in prison terms, especially where weapons, repeat violence, or serious injury is involved. Aggravated cases of causing serious harm typically lead to long custodial sentences, often 5–10 years or more. |
| Which Court? |
Minor breaches or assaults are usually heard in the Magistrates Court. Serious assaults, causing harm or serious harm, and aggravated offences are heard in the District or Supreme Court. |
| Process Timeline |
Complaint → Police Investigation → Arrest → Bail Consideration → Magistrates Court (for breach or interim order) → Committal Proceedings for indictable offences → Trial in District/Supreme Court → Sentencing if found guilty. (Average: 3–24 months depending on seriousness) |
| Possible Defences |
1. Self-Defence – Showing force used was reasonable to protect yourself or others. 2. False Allegation – Arguing the complaint is fabricated or exaggerated. 3. Lack of Intent – Showing no intention to cause harm or recklessness. 4. Consent – Establishing that the alleged victim consented to the conduct. 5. Duress – Proving actions were due to unlawful threats with no reasonable alternative. 6. Necessity / Emergency – Showing conduct was necessary to avoid greater harm. 7. Mental Impairment – Establishing that a mental illness or condition affected understanding or control. |
| What the Prosecution Must Prove |
- That the defendant committed an act (or omission) amounting to violence, intimidation, or abuse. - That the act was directed at a person in a domestic relationship. - That the victim did not consent to the conduct. - That there was no lawful justification or excuse. |
Domestic Violence Case Scenarios
Below are examples of how domestic violence may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A man yelled threats and smashed household items during a heated argument with his partner. No physical contact occurred. Police issued an interim intervention order on the scene.
What to expect:
He was charged aggravated assault (aggravated by domestic context). He pleaded guilty, was fined $1,200, and placed on a 12-month good behaviour bond. Ordinarily a conviction would follow.
Mid-Level Offence
Scenario:
A woman struck her ex-partner in the face during a custody dispute, causing bruising and swelling. She had previously been served with an intervention order.
What to expect:
She was charged with aggravated assault causing harm and breach of intervention order. Found guilty, she received an 18-month suspended sentence with a court-ordered domestic violence intervention program.
High-Level Offence
Scenario:
A man, already subject to an intervention order, broke into his former partner’s home and physically assaulted her, causing injuries requiring hospitalisation.
What to expect:
Charged with aggravated assault, trespass, breach of intervention order, and deemed a prescribed applicant, he was denied bail. He received 2.5 years’ imprisonment with a 12 month non-parole period. A compensation order was also issued to the victim along with a final intervention order.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Aggravated Assault, Application for Intervention Order
Aggravated Assault, Application for Intervention Order
2 Counts of Aggravated Unlawful Threat
2 Counts of Aggravated Unlawful Threat
Aggravated Assault Causing Serious Harm with Knife
Aggravated Assault Causing Serious Harm with Knife
Domestic Violence FAQ’s
If you need more information about domestic violence and intervention orders in South Australia, these FAQs answer the most common questions.
What is considered domestic violence in South Australia?
Domestic violence in South Australia includes not only physical and sexual abuse, but also emotional abuse, financial control, verbal threats, intimidation, stalking, coercive control, and property damage, especially when occurring between family or domestic partners.
What is the penalty for domestic violence in South Australia?
Penalties vary depending on the offence:
- Basic assault in a domestic setting: up to 2 years’ imprisonment
- Aggravated assault (e.g., against a partner or child): up to 4 years
- Breach of an intervention order: up to 2 years or more, depending on aggravation
- New offence of non-fatal strangulation (from May 2025): up to 10 years’ imprisonment
What is an intervention order in South Australia?
An intervention order (formerly called a restraining order) is a court order that restricts a person’s behaviour to protect another from abuse. Police can issue interim orders immediately, which are reviewed by a court usually within 8 days.
What happens if you breach an intervention order in South Australia?
Breaching an intervention order is a criminal offence. The penalties include:
- Failing to attend a required program: up to $1,250 fine
- Contravening any other term: up to 2 years’ imprisonment
- Aggravated breach involving violence: may lead to denial of bail and more serious charges
Breach of intervention orders – prescribed applicants
If you are charged with committing an offence there is usually a presumption in favour of your being granted bail and released from custody pending trial. However, if you are charged with breaching an intervention order (due to alleged physical violence or threat of physical violence) then you are deemed to be a ‘prescribed applicant’.
Similarly, if you have been charged with an aggravated offence involving physical violence or a threat of physical violence (e.g., aggravated assault) – and the aggravating factor is that you contravened an intervention order – then you are deemed to be a ‘prescribed applicant’.
This means that there is a presumption against bail and it is up to you to prove that there are special circumstances that justify why you should be released on bail.
What is a 'prescribed applicant' under the Bail Act?
If you’re charged with breaching an intervention order involving physical violence, or an aggravated domestic violence offence, you’re considered a prescribed applicant. This means the usual presumption in favour of bail is reversed, you must show special circumstances to be granted bail.
Is coercive control a criminal offence in South Australia?
As of now, coercive control is not a standalone offence in SA. However, behaviours that constitute coercive control (e.g. stalking, isolation, financial abuse) may still form grounds for criminal charges or intervention orders. Law reform to criminalise coercive control is under consideration.
What relationships are covered under domestic violence laws in SA?
Domestic violence laws apply to:
- Spouses or former spouses
- Domestic partners or ex-partners
- Children, including stepchildren and those residing in the household
- Any person in a familial or intimate relationship as defined under section 5AA of the Criminal Law Consolidation Act 1935 (SA)
Can domestic violence be prosecuted without physical contact?
Yes. Threats of violence, psychological abuse, and controlling behaviours (e.g., monitoring, verbal intimidation) can form the basis for intervention orders or aggravate other charges.
What is the National Domestic Violence Order Scheme?
The NDVO Scheme ensures that intervention orders issued in South Australia are automatically recognised and enforceable across all Australian states and territories.
Can the court order rehabilitation in domestic violence cases?
Yes. Under the Intervention Orders (Prevention of Abuse) Act 2009 (SA), the court may order an offender to participate in rehabilitation or counselling programs, with costs potentially payable by the offender.
How do police respond to domestic violence in South Australia?
Police can:
- Issue interim intervention orders
- Arrest and charge the alleged offender
- Remove a person from the premises even without a charge
They must act if there is a risk of harm or a breach of an existing order.
Can victims of domestic violence be protected when renting a property?
Yes. Under changes to the Residential Tenancies Act 1995 (SA), victims can:
- Terminate leases without penalty
- Have perpetrators removed from leases
- Access rental assistance and housing services
What is the penalty for non-fatal strangulation in South Australia?
From May 2025, intentionally choking, suffocating, or strangling someone without consent, even if no physical harm occurs, will be punishable by up to 10 years in prison.
Is there a difference between ‘domestic violence’ and ‘family violence’?
Legally, both terms are used interchangeably in South Australia. However, “family violence” often includes abuse by other relatives (not just partners), and is the broader term in national legal frameworks.
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