Sentencing domestic violence
Domestic violence as an aggravating factor
In May 2016, a new law was passed meaning a court, if it decides that an offence is a domestic violence offence, must treat the offence as being more serious.
This might mean, for example, the person who commits the offence is at greater risk of receiving a prison sentence.
This is called an ‘aggravating factor’.
Offences recorded as a 'domestic violence offence’ will appear in a person’s criminal history.
This means if the person commits another domestic violence offence in future, the court will know they have a pattern of domestic violence offending and can consider this when deciding the sentence.
What we are reviewing
We have been asked to review this law to see how courts are using it and whether it is causing any problems in practice.
We are looking at whether domestic violence offences are being sentenced differently since the law has changed.
We are also asking victim-survivors of domestic violence if they have been more satisfied with sentencing when courts have used this new law.
We are looking at what sentences people are given for breaching a domestic violence order by not following the conditions of the order, which is a criminal offence.
The government increased the maximum penalties for this offence in 2015 to:
- 240 penalty units ($34, 500) or 5 years imprisonment if within 5 years of the offence the person has previously been convicted of a domestic violence offence; or
- 120 penalty units ($17, 250) or 3 years imprisonment.
We are looking at whether these increases have made any difference.
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Next steps
Preliminary submissions have now closed and are available to read on our website.
A Consultation Paper on the aggravating factor for domestic and family violence offences is due to be released in early 2025.
Key dates
We will deliver our final report to the Attorney-General by 30 September 2025.
Supporting information
Background information – sentencing domestic violence offences
Research brief – Domestic violence as an aggravating factor
Sentencing spotlight on stalking
Sentencing spotlight on choking, suffocation or strangulation in a domestic setting
Sentencing Domestic & Family Violence Offences: A Review of Research Evidence - Any views expressed in this report are those of the authors and not necessarily those of the Council.