Domestic violence is not in itself a criminal offence. However, domestic violence may give rise to various charges. In addition to criminal offences such as assault, assault causing actual or grievous bodily harm, intent to do grievous bodily harm, indecent assault, rape or attempted murder, there are a number of offences specifically aimed at domestic violence, including:
- assault charges with more severe penalties if domestic violence against a family member is involved [Criminal Law Consolidation Act, 1935 s39]
- the offence of stalking [Criminal Law Consolidation Act, 1935 s19AA].
If someone is charged with an offence relating to domestic violence, bail conditions must be set with primary consideration for the victim.
For the purposes of domestic violence law, a "family member" is defined as (a) a spouse or former spouse (including an opposite sex de facto spouse) of the offender;(b) a child of whom the defendant or a spouse or former spouse of the defendant has custody as a parent or guardian;(c) a child who normally or regularly resides with the defendant or a spouse or former spouse of the defendant;
An intervention order, while not a criminal charge, may also be an appropriate response to domestic violence.

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