Sentencing domestic violence
Domestic and family violence sentencing reforms
The review is focused on a legislative change made in 2016, requiring courts to treat the fact that an offence is a domestic violence offence as aggravating when deciding the sentence – section 9(10A) of the Penalties and Sentences Act 1992 (Qld).
The review will assess what impacts this change to the law has had on court sentencing practices and whether it has improved victim-survivor satisfaction with the sentencing process.
The review will also evaluate the impact of increased maximum penalties for a contravention of a domestic violence order under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld) following a legislative change in 2015.
Domestic violence as an aggravating factor
In May 2016, a new law was passed meaning a court, if an offence is also 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’.
An offence 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.
Increased maximum penalties
We are looking at what sentences people are given for contravening 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 ($38, 712) 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 ($19, 356) or 3 years imprisonment.
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Next steps
Submissions have closed for our Consultation Paper on domestic and family violence sentencing reforms. We are now reviewing the feedback received.
Key dates
We will deliver our final report to the Attorney-General by 27 February 2026 (new date).
Supporting information
Background information – sentencing domestic violence offences
Terms of reference Please note a three month extension was granted in August 2024 for both final reports, to allow new members of the Council who bring significant expertise and experience in this area, sufficient time to provide input into the review and the proposed advice of the Council.
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.