What Is The Average Sentence For Domestic Violence In Australia? An In-Depth Breakdown

What Is The Average Sentence For Domestic Violence In Australia?

There is no single average because courts sentence the offence, not the label. Trends do show that:

• Low-level domestic violence common assault is frequently measured in months, not years, when imprisonment is imposed, with non-custodial outcomes still common for first offences without aggravation. NSW figures released in 2024 cite an average of about 4.6 months for DV common assault, which is consistent with Local Court practice for less serious assaults.
• Serious domestic violence offences generate longer head sentences. In Queensland, section 315A choking or strangulation in a domestic setting draws an average prison term of 2.5 years, and a high proportion of matters result in full-time custody.
• Breaches of protection orders are increasingly punished with short prison terms. In Victoria, the Sentencing Advisory Council has reported rising imprisonment rates for breaches of family violence intervention orders, with many sentences measured in months.

The combination of offences also matters. A domestic violence case involving common assault and property damage will sentence differently from a case involving intentional choking, threats to kill, or grievous bodily harm.

Typical offence categories that influence outcomes

• Common assault or assault occasioning actual bodily harm
• Choking or strangulation offences where available
• Stalking or intimidation with intent to cause fear
• Damage or destruction of property
• Breach of protection orders
• Sexual offences within a domestic context
• Attempted murder or murder for the most serious cases

Legislation sets the ceiling, while sentencing law and guideline judgments direct the court to weigh harm, intent, prior history, remorse, rehabilitation prospects, family violence context, and protection of the community.

What Is The Maximum Sentence For Domestic Violence In Australia?

Maximums depend on the underlying offence. For orientation:

• Murder has a maximum of life imprisonment in all jurisdictions. NSW has announced a proposed standard non-parole period of 25 years for intimate partner murders, which is not the same as a maximum but would materially raise typical non-parole periods once in force.
• Common assault in NSW has a 2-year maximum. Assault occasioning actual bodily harm has up to 5 years, or 7 years in company. Stalking or intimidation has up to 5 years. Contravening an AVO has up to 2 years.
• Choking or strangulation offences vary by state. In Queensland, section 315A carries up to 14 years after amendments that increased the maximum from 7 years. In Victoria, a new non-fatal strangulation offence introduced a 5-year maximum.

Maximums are rarely imposed. They are a reference point that informs proportionality and the gravity of the conduct.

How Long Do You Go To Jail For Assault In Australia?

How long someone goes to jail for assault depends on the exact charge, the state or territory, and the facts of the case. Courts look closely at harm, prior record and aggravating features like weapons or AVO breaches. The table below gives a simple guide using examples that often arise in NSW and, for choking, Queensland.

How Long Does A Domestic Violence Charge Stay On Your Record In Australia?

A conviction will appear on your criminal record. Many jurisdictions have spent conviction schemes that limit disclosure after a crime-free period, subject to exceptions. In NSW, the Criminal Records Act 1991 sets a 10-year period for adults and 3 years for children, with some convictions never becoming spent, such as those with prison sentences over 6 months or specific excluded offences. National Police Checks also apply state and federal spent conviction rules when disclosing history.

How Much Is An Assault Charge In Australia?

Courts can impose fines in addition to, or instead of, other penalties. In NSW criminal matters, monetary penalties are usually set in penalty units. One NSW penalty unit for criminal offences is currently $110, so a 20-unit fine equals $2,200. The exact number of units depends on the offence provision and the sentencing court. Other states use their own penalty unit values.

Do First Time Domestic Violence Offenders Go To Jail?

It depends on the offence and the facts. First-time common assault without significant aggravation can result in community-based orders, fines, or a conviction recorded without prison. Courts look closely at risk to the victim, breach of trust, injuries, use of weapons, prior history, and compliance with protection orders. Where the charge is more serious, like choking or repeated breaches of orders, courts commonly impose full-time custody, even for those with limited records. NSW and Queensland data show that imprisonment is common in higher-risk domestic violence offences, with averages measured in months for low-level assaults, and years for choking or strangulation.

What Are The Penalties For Domestic Abuse?

“Domestic abuse” is a broad social term. In law, prosecutors select specific offences like assault, stalking or intimidation, damage, sexual offences, or breaches of orders. Penalties include:

• Fines, conditional release orders, community correction orders, suspended terms converted to Intensive Correction Orders, and full-time imprisonment
• Protection orders like AVOs in NSW and FVIOs in Victoria, with standalone offences for contravention
• Ancillary orders such as non-association and place restrictions, rehabilitation conditions, and no-contact terms where allowed by statute.

What Factors Influence Domestic Violence Sentencing?

Courts apply standard sentencing principles and weigh aggravating and mitigating features. Common considerations include:

• Degree of violence, injuries, use of a weapon, threats to kill
• History of domestic violence and prior contraventions of orders
• Presence of children, abuse of power or control dynamics
• Early plea, remorse, rehabilitation, treatment for substance abuse
• Protection of the community and the victim

NSW’s Crimes (Sentencing Procedure) Act 1999 sets the framework for weighing those factors, while domestic violence specific reports in NSW and other states show courts giving significant weight to victim safety and breach of trust.

Domestic Violence As An Aggravating Factor

Even when the charge is a “general” offence like assault or property damage, the domestic setting is treated seriously. Breaches of court orders, offending in the home, repeated conduct, and exposure of children to violence all increase objective seriousness and push outcomes toward custody. In Victoria, the Sentencing Advisory Council has documented rising imprisonment for FVIO breaches, illustrating the trend toward stronger custodial responses.

How Long Do You Go To Jail For Abusing A Woman?

Australian criminal law is gender neutral. The legal outcome turns on the offence and the facts, not the gender of the complainant. That said, courts recognise gendered patterns of harm in domestic settings and often treat offending against intimate partners as aggravating, especially where there is coercive control, strangulation, threats, or repeat breaches of orders. The result is more severe sentences in comparable cases. The legislation and sentencing research cited above reflect that approach.

How Much Jail Time For 2nd Domestic Violence?

Repeat offending typically increases the penalty. Second and subsequent contraventions of protection orders, repeated assaults against the same partner, and breaches committed while on bail are all aggravating. In practice this means movement from non-custodial orders to short custodial terms for lower-level offences, and longer head sentences for serious violence. Queensland data for section 315A shows consistently strong custodial outcomes, reflecting the policy position that strangulation is a very high risk predictor.

Domestic And Family Violence Sentencing Reforms

Reform in this space is active. Two examples that show the trajectory:

• NSW has announced a proposed standard non-parole period of 25 years for intimate partner murder, which will significantly recalibrate typical non-parole outcomes if legislated.
• Queensland increased the maximum for section 315A choking or strangulation to 14 years and is reviewing that offence through the Queensland Law Reform Commission, with further amendments flagged by the government.

Domestic Violence Penalties In Victoria

Family violence orders are made under the Family Violence Protection Act 2008 (Vic). Breaches are criminal offences, and imprisonment for breaches has grown more common over the last decade. The Sentencing Advisory Council’s research shows short prison terms are now frequently imposed for FVIO contraventions, often measured in months. Other charges such as common law assault or causing injury are prosecuted under the Crimes Act 1958 (Vic) and sentenced according to seriousness.

Domestic Violence Penalty In NSW

NSW uses the Crimes (Domestic and Personal Violence) Act 2007 for protection orders and related offences, then charges underlying criminal conduct under the Crimes Act 1900. Key references:

• Contravene AVO under section 14, up to 2 years
• Stalking or intimidation under section 13, up to 5 years
• Common assault section 61, up to 2 years
• Assault occasioning actual bodily harm section 59, up to 5 years, or 7 years in company
• Intentional choking or strangulation provisions appear in section 37 of the Crimes Act 1900, with serious penalties that reflect risk and harm

Sentences vary widely with the facts. Courts in NSW also consider whether the domestic context and any breach of orders elevate seriousness. Get legal advice

What Is The Minimum Sentence For Domestic Violence?

Minimums are set by the offence, not the label. Many domestic violence related offences do not have a mandatory minimum term. Courts can impose non-custodial penalties where appropriate, such as conditional release orders, community correction orders, and Intensive Correction Orders, provided community protection and denunciation are satisfied. For higher-risk offences like choking or persistent order contraventions, custodial outcomes are common and can escalate quickly with repeats.

Sentencing Trends And Issues

Recent trends include:

• Increased use of full-time custody for breaches of protection orders
• Dedicated offences for strangulation or choking, with high custody rates
• Proposed legislative increases for intimate partner murder non-parole periods in NSW
• Continued emphasis on risk to victims and the community, as well as rehabilitation where feasible

These trends are visible in official statistics and law reform materials from NSW, Victoria, and Queensland.