Penalties and Sentencing for Family Violence Offences in Victoria

In Victoria, penalties for family violence offences can range from fines and community correction orders to imprisonment, depending on the nature and severity of the offence. Sentencing is guided by the need to punish, deter, and rehabilitate offenders while protecting victims and the broader community. 

In response to the prevalence of family violence in the Victorian community, allegations of family violence are taken very seriously by our criminal justice system.   Understanding the penalties and sentencing associated with family violence offences is important for any alleged to have committed a family violence related offence. 

Defining Family Violence Under Victorian Law 

In Victoria, the Family Violence Protection Act 2008 (Vic) provides a broad definition of family violence. It includes not only physical or sexual abuse but also emotional or psychological abuse, economic abuse, and behaviour that is threatening, coercive, or in any other way controls or dominates the family member and causes them to feel fear for their safety or wellbeing. 

Family violence can occur in various relationships, including between current or former partners, parents and children, siblings, or any other person regarded as a family member under the law. 

Types of Family Violence Offences 

Family violence offences can encompass a wide range of criminal behaviours. Common offences include: 

• Assault and aggravated assault 

• Stalking and harassment 

• Threats to kill or cause serious harm 

• Use telecommunications to harass 

• Sexual assault or indecent assault 

• Criminal damage 

• Breach of a Family Violence Intervention Order (FVIO) 

Each offence carries its own legal classification and associated penalties, which depend on the severity and circumstances of the case. 

Family Violence Intervention Orders (FVIOs) 

An FVIO is a court order that aims to protect a person from family violence. If an individual breaches the conditions of an FVIO, they may face criminal charges, even if the breach itself did not involve further violence. 

Under section 123 of the Family Violence Protection Act 2008 (Vic) breaching an FVIO is a criminal offence. Penalties for a breach can include:  

• Fines up to 600 penalty units 

• Imprisonment for up to 2 years. 

These penalties underscore the seriousness with which breaches of court orders are treated in Victoria. 

Additionally, where an accused is charged with breaching an order on multiple occasions, more serious charges and penalties apply (refer to sections 123A and 125A of the FVPA 2008 (Vic)).   

Sentencing Principles in Family Violence Cases 

Sentencing in family violence cases is governed by the Sentencing Act 1991 (Vic), which outlines various purposes for sentencing, including punishment, deterrence (both general and specific), protection of the community, and rehabilitation of the offender. 

Courts must consider several factors when determining an appropriate sentence: 

• The nature and gravity of the offence 

• The impact on the victim, including victim impact statements 

• The offender’s criminal history and likelihood of reoffending 

• Any mitigating or aggravating circumstances 

In family violence matters, courts also place strong emphasis on the need to deter future conduct, both to protect individual victims and to send a clear message to the community. 

Potential Penalties for Family Violence Offences 

Depending on the specific offence and the individual circumstances of the case, penalties for family violence can include: 

1. Imprisonment: The most severe form of punishment. Serious cases involving physical violence, sexual offences, or repeated breaches of FVIOs are likely to result in custodial sentences. For instance, intentionally causing serious injury can attract a maximum penalty of 20 years' imprisonment. 

2. Community Correction Orders (CCOs): These are non-custodial orders that may include conditions such as mandatory counselling, unpaid community work, or restrictions on movement. CCOs aim to rehabilitate offenders while still providing a measure of punishment. 

3. Fines: Monetary penalties can be imposed either alone or in conjunction with other sentences. The amount is influenced by the severity of the offence and the financial capacity of the offender. 

4. Adjourned Undertakings: In cases where the offence is less severe and the offender has shown remorse or has no prior record, the court may adjourn the matter for a period during which the offender must be of good behaviour. 

5. Diversion Programs: For first-time offenders, especially in less serious matters, the court may approve a diversion plan that allows the accused to avoid a criminal record by undertaking specific rehabilitation or educational activities. 

Aggravating Factors in Sentencing 

Certain elements can lead to harsher sentences in family violence matters. These include: 

• Use of weapons or significant force 

• Offending in the presence of children 

• Multiple breaches of an Intervention Order  

• Prior history of violence or similar offences 

• Victim being particularly vulnerable (e.g., due to age, disability) 

These factors reflect a heightened concern for community safety and victim welfare, prompting the court to impose more stringent penalties. 

Recent Legal Reforms and Sentencing Trends 

In response to growing public concern, the Victorian Government has introduced a range of legislative reforms to address family violence more effectively. These include: 

• Expanding the definition of family violence 

• Establishing specialist family violence courts 

• Introducing new offences related to coercive control (proposed or implemented depending on current legislative updates) 

• Increasing maximum penalties for repeat offenders 

Sentencing practices have also shifted to favour protection of victims and prevention of reoffending. Courts are increasingly using imprisonment and longer CCOs for repeat or serious offenders, with less tolerance for excuses or mitigating circumstances. 

Importance of Legal Representation 

Whether facing charges or seeking protection from family violence, engaging an experienced criminal lawyer is essential. Legal professionals can provide advice, represent clients in court, prepare necessary documentation, and advocate for appropriate outcomes. 

For accused individuals, a Family Violence Offence lawyer can help argue for reduced sentences or alternative orders where appropriate. For victims, legal support can assist with securing intervention orders and navigating the court system. 

Get the Legal Support You Need 

If you are facing charges or seeking protection in a family violence matter, expert legal advice is critical. The consequences of domestic violence sentencing can be severe and life-altering. Contact Pascoe Criminal Law today to speak with a qualified legal professional who understands the complexities of family violence penalties under Victorian law.