DV Assault Charges
Queensland
If you have been charged with assault and the charge is flagged as a domestic violence offence, you are not just facing a standard assault charge. The DV flag changes the bail conditions, the sentencing considerations, the way the conviction is recorded, and the collateral consequences that follow you after court. This page explains what changes when an assault is charged as a domestic violence offence, and what can be done about it.
What Makes an Assault a DV Assault
The charge itself — common assault, assault occasioning bodily harm, serious assault, grievous bodily harm — is the same offence whether or not it occurs in a domestic context. The underlying Criminal Code (Qld) provision does not change. What changes is the framework that applies around it. An assault becomes a domestic violence offence when the prosecution alleges it was committed against a…
Common DV Assault Charges and Penalties
The charge you face determines the maximum penalty and the court that deals with it. The DV flag does not change the maximum penalty — it changes how the court approaches sentencing within that range. Common assault — section 335, Criminal Code Physical contact or the threat of it without consent. No injury is required. Maximum penalty: 3 years' imprisonment. This is the most frequently charged DV…
The DV Notation — What It Means for Your Record
When a charge is flagged as a domestic violence offence, section 12A of the Penalties and Sentences Act 1992 (Qld) requires the court to record it as such. This applies whether or not a conviction is recorded. If a conviction is recorded — the conviction must also be recorded as a conviction for a domestic violence offence (section 12A(2)) If no conviction is recorded — the offence must still be…
Bail in DV Assault Matters
Bail conditions in DV assault matters are routinely the most restrictive imposed in the Magistrates Court . If you have been arrested for a DV assault, your conditions will typically include: No contact with the aggrieved — by any means, directly or through third parties Exclusion from your home address Restrictions on contact with your children Reporting to a police station at specified times A…
The Dual Proceedings — DVO and Criminal Charge
In almost every DV assault matter, two separate proceedings run at the same time: The criminal charge — the assault offence, prosecuted under the Criminal Code . The standard of proof is beyond reasonable doubt. The protection order application — a civil proceeding under the Domestic and Family Violence Protection Act 2012 . The standard of proof is the balance of probabilities. A temporary…
How the DV Flag Changes Sentencing
The DV flag does not increase the maximum penalty for an assault charge. But it changes the court's approach in several ways that directly affect the outcome. No-conviction outcomes are harder. Under section 12 of the Penalties and Sentences Act 1992 , the court has discretion not to record a conviction. But in DV matters, courts exercise that discretion more cautiously. The DV notation applies…
Defences
The fact that a charge is DV-flagged does not remove the defences available under the Criminal Code . The prosecution must still prove the offence beyond reasonable doubt. Self-defence — sections 271–272, Criminal Code Self-defence is a complete defence. If you used force to defend yourself and the force was reasonable in the circumstances as you perceived them, you are entitled to an acquittal.…
What Changes the Outcome
The sentencing range for DV assault charges is wide. The factors that determine where your matter sits are the same ones Sacha works with before the hearing. The nature and degree of any injury. A push with no injury is treated differently from a punch that causes a fracture. The court considers medical evidence, photographs, and the complainant's account of the impact. The circumstances of the…
Fixed Fees
- DV Criminal Charge — $4,800
- Common Assault (s 335) — $2,100
- Show Cause Bail — $5,500
- Summary Hearing — $5,500
- DVO Contested Hearing — $4,800