Family violence and assault are two distinct but often interconnected issues that can have serious consequences for perpetrators. While both involve the unwarranted use of force or violence, they differ in scope, relationships involved, and legal considerations. At Rebecca Burdon Legal & Consulting, we are here to explain the difference between family violence and assault to give you a complete understanding of the legal obligations and consequences of both.
What is Family Violence?
Family violence, also known as domestic violence, encompasses various forms of abuse that can occur within any sort of family-type relationship, including those not connected through marriage or blood relations. Perpetrators of family violence will typically try to exert power over another person by using acts of violence or control against them to make them feel fear. These acts can include a range of physically and emotionally threatening, coercive, or abusive behaviours, such as:
Assault (physical, verbal, and/or sexual)
Stalking
Intentional damage or destruction of property
Causing or threatening harm towards pets/animals
Unreasonably controlling or withholding financial resources
Isolating the affected family member from their family, friends, and/or culture
Intentionally harming or threatening to harm the affected family member’s children
Types of Family Violence
Anyone within a family dynamic can be a victim or perpetrator of domestic violence. However, the following forms of abuse tend to be the most common cases heard in court:
Intimate partner abuse
Child abuse
Elder abuse
Parental abuse
Intimate Partner Abuse
This type of domestic violence assault charge relates to abuse and/or coercive control manifested in any type of relationship with an intimate partner. This can include abuse perpetrated by a spouse, a domestic partner, an ex, or even someone you are casually dating.
Child Abuse
If a child is subjected to any form of violence or abuse by someone who is a part of their family dynamic, this is considered child abuse. Perpetrators may be the child’s caregiver(s), a member of the child’s close or extended family, or the intimate partner of someone within the child’s family unit.
Elder Abuse
This sort of abuse involves the mistreatment or neglect of elderly individuals, often by an immediate family member or primary caregiver. Elder abuse can take many different forms, including physical abuse, financial abuse, neglect, coercive control, emotional abuse, and more.
Parental Abuse
Parental abuse is a type of domestic violence assault charge that is perpetrated by an adolescent child or a dependent towards their parent(s) or guardian(s). It is commonly used to dominate, coerce, or control parents or guardians by compromising their safety or well-being through acts of violence, threats, and/or intimidation.
Is Domestic Violence a Criminal Offence?
Yes, if a person is a perpetrator of domestic violence, they can be charged with a criminal offence and be summonsed to appear in a court of law. So, what exactly is the punishment for domestic violence? In Australia, if a person commits an act considered to be family or domestic violence, the penalty or sentence they receive will depend on the particulars and actual charge filed and a range of factors specific to their case. These factors may include:
Any past offences committed by the perpetrator
The seriousness of the conduct or abuse the perpetrator is charged with
Whether the perpetrator has breached a family violence intervention order (FVIO)
You can learn more about how to respond to or apply for an IVO by heading over to our Intervention Orders page.
What is Assault?
So now we know how family violence is defined, but how do the charges differ from physical assault charges, and what is assault, exactly? In Australia, assault is defined as the threat or use of any intentional and unwanted physical force against another person. Examples of assault may include non-consensually or unlawfully carrying out any of the following acts on another person:
Slapping, kicking, or hitting
Grabbing, pushing, shoving, or tripping
Threatening violence through actions or words
Throwing objects capable of inflicting injury
What is the Main Difference Between Family Violence and Assault?
Anyone who threatens or perpetrates an act of unwanted physical force against another person can be charged with assault, regardless of whether they are a part of the victim’s family. The difference between family violence and assault is whether the behaviour happened in a family context or not. When this happens, it is classed as assault in a family relationship or domestic context. A person can also face family violence-related charges if they breach the conditions of an IVO.
Types of Assault
In Australia, assault charges can fall under a number of different offence categories and subcategories depending on which state you are in. While our state legislature contains definitions for many distinct types of assault, the five main types of assault charges in Victoria include:
Common assault
Aggravated assault
Serious assault
Intentionally or recklessly causing injury
Indecent assault
Common Assault
Conventional examples of common assault include nonconsensual grabbing, slapping, punching, or pushing another person. However, the offender does not need to have inflicted physical contact or harm towards the victim to be found guilty of common assault. Actions such as approaching someone with a raised fist, verbally threatening violence, or spitting at someone can also result in a common assault charge.
Aggravated Assault
Acts of aggravated assault are considered more serious than acts of common assault, and as such, they also carry more severe penalties. This assault charge can be divided into two different subcategories. The first is defined as an assault against a child under the age of 14 or a woman. The second subcategory is for assaults that involve multiple offenders, kicking, or the use of a weapon.
Serious Assault
These assault charges cover offences that are considered more extreme due to the nature of the conduct committed. This includes offences such as assault against an emergency worker or vulnerable person, assault causing permanent injury, or assault with the intention of perpetrating a strictly indictable offence, such as murder.
Intentionally or Recklessly Causing Injury
In Victoria, there are multiple different offences that fall under the charge of intentionally or recklessly causing injury. These offences range in severity and may include acts such as unlawful wounding, premeditated attacks resulting in serious injury, and causing injury by throwing an object at a person. This offence can lead to substantial penalties, with a maximum prison sentence of 5 years for reckless injury and 10 years for intentional injury.
Indecent Assault
Indecent assault, also commonly referred to as sexual assault, is one of the more serious assault charges in Australia. It occurs when a person commits an act of assault in indecent circumstances, such as forcing, coercing, or manipulating another person to engage in or experience unwanted sexual activity. This may include non-consensual touching, unwanted sexual comments or threats, or being forced or pressured into watching or engaging in sexual acts.
Is Assault an Indictable Offence?
While this depends on the type of assault committed, most assault charges tend to be classed as indictable offences. In Victoria, the charge for common assault without recklessly or intentionally causing injury is the only charge that cannot be considered an indictable offence. This is because these cases carry a maximum penalty of less than two years and can be dealt with in the Magistrates’ Court, classing them as summary offences.
In some circumstances, certain indictable offences of assault, such as aggravated assault, can be dealt with summarily in the Magistrates’ Court. However, both the defence and the prosecution must agree to this and persuade the court as well. If both parties do not reach such an agreement, the case must be brought to a higher court as an indictable offence and dealt with there.
You can check out our related blog post to learn more about the difference between summary and indictable offences.
What Are the Charges for Assault?
So what happens if you get charged with assault in Australia, and what is the most serious sentence for an assault that you could face? Ultimately, the consequences will vary depending on the specific circumstances of the case and the type of assault you have been charged with. If found guilty of assault, you may be sentenced to a fine, Community Corrections Order, imprisonment, or any combination.
In cases of common assault in the summary jurisdiction, the most frequent assault charge heard in Victorian courts, a finding of guilt carries a maximum sentence of 3 months imprisonment. However, in more serious cases, such as charges of intentional, reckless, or aggravated assaults, the duration of the sentence can range from months up to 25 years imprisonment.
How to Press Charges for Assault or Family Violence
If you have been a victim of assault or family violence, it is essential to report the incident to the police as soon as possible. They will guide you through the process and investigate the matter on your behalf. The police will determine whether to charge an individual based on the evidence.
Consulting with legal professionals can help you understand your rights and will ensure you receive the professional advice and support required to navigate your specific circumstances. At Rebecca Burdon Legal & Consulting, we are here to provide you with the legal guidance and understanding you need. Contact our team today to discuss your situation and find out how we can help you with your case.
If you are a victim of assault, you may be eligible for financial assistance through the Victims of Crime Assistance Tribunal. For more information on this, see our Victims of Crime Support Services page.
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