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 person with whom the defendant is in a relevant relationship under the Domestic and Family Violence Protection Act 2012 (Qld). That means: A current or former intimate partner — including a spouse, de facto partner, boyfriend, girlfriend, or someone with whom you have had a sexual relationship A family member — including a parent, child, sibling, grandparent, uncle, aunt, cousin, or in-law A person in an informal care relationship When the prosecution files the charge, the complaint or indictment states that the offence is also a domestic violence offence. That statement triggers the DV framework — restrictive bail conditions, mandatory DV notation on your criminal history, and a protection order application running alongside the criminal charge. The DV flag is not a separate charge. It is a characterisation of the same offence. But its consequences are significant.

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 assault offence in the Cairns Magistrates Court . For a first offence, the realistic range is a fine, a good behaviour bond, or probation — but the DV flag makes a no-conviction outcome harder to achieve. Assault occasioning bodily harm (AOBH) — section 339, Criminal Code Assault that causes bodily harm — any injury that interferes with health or comfort. Maximum penalty: 7 years on indictment, or 10 years where circumstances of aggravation exist (armed with a weapon, or in company). Most AOBH matters are dealt with summarily in the Magistrates Court , where the sentencing cap is 3 years regardless of the statutory maximum. Choking, suffocation, or strangulation — section 315A, Criminal Code A specific offence for choking, suffocation, or strangulation in a domestic setting. Maximum penalty: 7 years. This is a strictly indictable offence and a show cause matter — bail starts from a position of custody. Even where there is no visible injury, courts and prosecutors treat this charge with the highest seriousness. See Strangulation and Choking Charges for a detailed breakdown. Grievous bodily harm — section 320, Criminal Code Unlawfully causing grievous bodily harm — meaning the loss of a distinct part or organ of the body, serious disfigurement, or an injury that endangers life or is likely to cause permanent injury to health. Maximum penalty: 14 years. Dealt with in the District Court . Threatening violence — section 75, Criminal Code Threatening violence to a person or their property. Maximum penalty: 2 years. Often charged alongside DV assault matters where there were threats made before, during, or after the physical incident. See Threatening Violence — Fixed Fee . Wilful damage — section 469, Criminal Code Wilfully destroying or damaging another person's property. Maximum penalty: 5 years. Frequently charged alongside DV assault — a phone smashed, a wall punched, a door broken. Where property damage occurs alongside an assault in a DV context, both charges carry the DV flag.

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 entered in your criminal history as a domestic violence offence (section 12A(3)) This means that even in the best-case scenario — where the court exercises its discretion not to record a conviction — the DV notation still appears on your criminal history. It is visible to police, prosecutors, and courts in future proceedings. A second DV-flagged offence is treated significantly more seriously because of the first. There is one exception. Under section 12A(4), the court may make an order that it is not satisfied the offence is also a domestic violence offence. In practice, this is rare. It requires specific circumstances — typically where the domestic relationship is tenuous or the DV characterisation is genuinely disputed on the facts. Sacha will advise at the first consultation whether this is a realistic argument in your case. Consequences of the DV notation Firearms licence. A domestic violence order made alongside the charge triggers suspension or revocation of your firearms licence under the Weapons Act 1990 . Under section 10B, a person against whom a protection order is made cannot apply for a weapons licence for five years from the date of the order — regardless of whether a conviction is recorded on the criminal charge. Blue Card. A DV notation is a relevant matter for Working with Children Check assessments. It does not automatically disqualify you, but it is considered. Family law proceedings. A DV notation is relevant in parenting disputes. Family Court judges consider it when assessing risk to children. Future DV charges. If you are charged with another DV offence in the future, the prior notation escalates the court's response — more restrictive bail, less likelihood of a non-custodial sentence, and a stronger prosecution position. Employment. A DV notation appears on a criminal history check and may affect employment, professional registration, and security clearances.

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 curfew These conditions take effect immediately and remain in force until the matter is resolved — which can be months. Breaching any bail condition is a separate criminal offence. Show cause offences Certain DV assault charges trigger a show cause obligation under the Bail Act 1980 (Qld). This means the court starts from a presumption of custody and you must demonstrate why your release is justified. Show cause is triggered where the charge involves: An act of violence against the aggrieved A threat of violence against the aggrieved The offence was committed while already on bail for another domestic violence offence Choking under section 315A and coercive control under section 334B are automatic show cause offences. For other DV assault charges, show cause is triggered by the nature of the conduct and the DV context. If you are in custody and need bail, this is urgent. Call immediately. Sacha prepares and presents show cause bail applications at the earliest opportunity. See Show Cause Bail — $5,500 . Varying bail conditions If your bail conditions are unworkable — because they prevent you from living at your own address, seeing your children, or attending work — a variation application can be made. This requires careful preparation. The court will not simply relax conditions because they are inconvenient — it needs to be satisfied that the variation does not increase the risk to the aggrieved.

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 protection order is usually made at the first mention. These are separate legal processes with separate standards of proof and separate outcomes. But they are heard in the same court, often on the same day — and a decision in one can directly affect the other. Why this matters Consenting to a DVO is not an admission. Orders are routinely made "without admissions." Consenting to a protection order does not amount to an admission of guilt on the criminal charge. But the conditions of the order will bind you — and breaching them is a separate criminal offence carrying up to 3 years' imprisonment (or 5 years with a prior DV conviction). Contesting both is possible but expensive. If the evidence is weak enough to defend the criminal charge, it may also be worth contesting the DVO. But a DVO is decided on a lower standard of proof — the court can make the order even if the criminal charge is dismissed. The conditions of the DVO affect your daily life. Whether you can return home, contact the aggrieved, see your children, or attend certain locations is determined by the DVO conditions. These need to be addressed — whether by consent or by application — alongside the criminal charge. For a detailed guide to the DVO process, see Understanding Domestic Violence Orders in Queensland . For what to do when first served with a DVO, see Served with a DVO — What to Do First .

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 regardless (section 12A(3)), but whether a formal conviction is also recorded affects your criminal history, employment, and travel. Sacha will advise honestly on whether a no-conviction outcome is realistic in your case. Rehabilitation carries more weight. Courts respond to genuine engagement with domestic violence intervention programmes, counselling, and behavioural change. Voluntary enrolment in a programme before the sentencing hearing demonstrates to the court that you have taken the matter seriously. Sacha advises on what programmes are available and when to start. Prior DV history escalates the outcome. A prior DV notation — even one without a recorded conviction — is visible to the court and the prosecution. A second DV offence is treated significantly more seriously than a first. Where there is a pattern, the court's tolerance for a non-custodial sentence narrows. The relationship context is scrutinised. The court considers the history of the relationship, any prior DVO applications or breaches, and the power dynamics involved. DV sentencing is not just about the single incident — the court looks at the broader picture. Probation orders in DV matters often include conditions. Where a probation order is imposed, the court may attach conditions requiring attendance at a domestic violence intervention programme, counselling, or other rehabilitative measures. These are mandatory — not optional — and breach is a separate offence.

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. In DV matters, the defence is available but courts scrutinise it carefully — particularly where there is a size or strength disparity, or where the response was disproportionate to the threat. Provocation — sections 268–269, Criminal Code Provocation is a complete defence to assault charges — including common assault and AOBH — when all elements are made out. It does not apply to grievous bodily harm or choking under section 315A. The conduct must have been such that an ordinary person could have lost self-control and acted in the way the defendant did. In a DV context, provocation is more difficult to establish — courts are cautious about accepting it where there is a history of violence. Accident — section 23, Criminal Code If the physical contact was genuinely accidental — you did not intend to make contact and the contact was not the result of recklessness — the defence of accident is available. Identification and evidence issues In some DV matters, the only evidence is the complainant's account. Where there are inconsistencies in the statements, no independent witnesses, no body-worn camera footage of the alleged incident, or medical evidence that does not support the prosecution version, Sacha will identify these issues and advise on whether the charge can be defended. Whether a defence is viable depends entirely on the evidence. Sacha reviews the full prosecution brief before advising. If a defence is not realistic, she will tell you.

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 offence. Context matters — what led to the incident, whether alcohol or drugs were involved, whether there were children present, and whether the conduct was a single act or sustained. Sacha addresses the full context in sentencing submissions. Your criminal and DV history. A first offence for a person with no prior record is treated materially differently from an offence by someone with a history of DV charges or DVO breaches. If your history is adverse, Sacha addresses it directly and works with whatever mitigating factors are available. Steps taken since the charge. Voluntary engagement with a domestic violence intervention programme, counselling, anger management, or other rehabilitation before the hearing is relevant and, in practice, often decisive. Courts respond to genuine engagement. Sacha advises on what is worth doing and when to start. Whether a conviction should be recorded. The Magistrates Court has discretion under the Penalties and Sentences Act 1992 to deal with a matter without recording a conviction. For a first-offence DV common assault with strong mitigating factors, it is a realistic — though not guaranteed — outcome. Sacha will advise honestly on whether it applies in your case. Your personal circumstances. Employment, family responsibilities, mental health, community ties, and the impact a conviction would have on your life are all relevant to sentence. Sacha prepares submissions that bring this material before the court in a structured way. An early guilty plea. Entering a plea at the earliest opportunity attracts the greatest sentencing discount. Waiting until the hearing date to plead reduces the credit the court gives for the plea. If you are going to plead guilty, the timing matters.

Frequently Asked Questions

What is the difference between a DV assault charge and a regular assault charge?

The underlying offence is the same — the Criminal Code provision does not change. The difference is the DV flag, which triggers mandatory DV notation on your criminal history (section 12A, Penalties and Sentences Act 1992 ), restrictive bail conditions, and a protection order application running alongside the criminal charge. The DV flag also affects how the court approaches sentencing and the collateral consequences — firearms licence, Blue Card, family law.

Will I get a criminal record even if no conviction is recorded?

Under section 12A(3) of the Penalties and Sentences Act 1992 , even where no conviction is recorded, the offence is entered in your criminal history as a domestic violence offence. This notation is visible to police, prosecutors, and courts. It is not the same as a conviction — it does not appear on a standard criminal history check for employment purposes in the same way — but it is recorded and affects future DV proceedings.

Can the complainant drop the charge?

No. The prosecution — not the complainant — decides whether the charge proceeds. The complainant's position is a factor the prosecution considers, but it is not determinative. DV charges can and do proceed over the objection of the person who made the complaint. The prosecution's obligation is to the public interest, not to the complainant's wishes. Do not assume that the complainant changing their mind will end the matter.

What if the aggrieved wants to see me while I am on bail?

Your bail conditions bind you, not the aggrieved. If your conditions say no contact, then any contact — even if initiated by the aggrieved — is a breach. The aggrieved cannot waive your bail conditions. If both parties want contact to resume, the correct course is a bail variation application. Sacha can advise on whether a variation is appropriate and prepare one if it is.

Will I go to jail for a first-offence DV assault?

For a first-offence common assault in a DV context, imprisonment is not the most likely outcome — but it is possible. The realistic range for a first offence is a fine, a good behaviour bond, probation, or community service. Where the assault involved serious injury, a weapon, or choking, the sentencing range shifts significantly. Sacha will give you an honest assessment at the first consultation based on the charge, the evidence, and your circumstances.

How does a DV assault charge affect family law?

A DV assault charge — and the associated DVO — is directly relevant in family law proceedings. The Family Court considers DV when assessing the best interests of children, particularly on questions of custody and contact. A DV notation on your criminal history is a factor the Family Court will weigh. The DVO conditions may also restrict your contact with your children in the interim. Sacha can advise on the criminal and DVO side; for the family law implications, a family lawyer should also be consulted.

Should I do a programme before court?

In most cases, yes. Voluntary enrolment in a domestic violence intervention programme before the sentencing hearing demonstrates to the court that you have taken the matter seriously. It is one of the most effective steps you can take to improve the sentencing outcome. Sacha will advise on which programme, when to start, and how to present the evidence of completion or engagement to the court.

What courts deal with DV assault charges?

Most DV assault charges — including common assault and AOBH where dealt with summarily — are heard in the Cairns Magistrates Court . Matters can also be heard in Innisfail , Atherton , Mareeba , or Weipa depending on where the offence occurred. Serious charges — GBH, choking — may be committed to the Cairns District Court .

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