Assault Charges and Domestic Disputes: What You Need to Know
Domestic disputes can often escalate into situations where assault charges are filed, leading to significant legal and personal ramifications. Understanding the legal framework surrounding assault within domestic settings in Western Australia is crucial for anyone involved in such circumstances.
Differing offences and additional family violence laws make this a complex matter requiring expert legal advice.
Our team understands that facing such charges can be a difficult and draining experience for the accused and those closest to them. If you would like advice about an assault charge that has emerged from a domestic dispute, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.
How Assault is Defined in Domestic Contexts
In Western Australia, assault encompasses any intentional application of force to another person without their consent, or the threat thereof, causing the person to believe that force is imminent.
When such actions occur between family members or within domestic relationships, they are often categorised under family and domestic violence. The Restraining Orders Act 1997 defines family violence as behaviour by a person towards a family member that is violent, threatening or intended to coerce or control, causing the family member to be fearful.
Assault Charges That Commonly Arise from Domestic Disputes
Several assault-related charges can emerge from domestic disputes:
- Common Assault: Involves the application of force or threat thereof without consent, resulting in minor injuries or discomfort. Penalties may include fines and imprisonment.
- Assault Occasioning Bodily Harm: Occurs when the assault leads to injuries that interfere with the victim’s health or comfort, such as bruises or abrasions. This offence can be dealt with in either the Magistrates Court or the District Court.
- Grievous Bodily Harm (GBH): Involves causing serious injuries that endanger life or result in permanent damage. GBH charges are severe and carry significant penalties.
- Suffocation and Strangulation: Specific offences under the Criminal Code Act, introduced in 2020, addressing acts that impede breathing or blood circulation. These offences carry substantial penalties.
You can read more about different types of assault and their penalties here.
The Legal Process for Assault Emerging from a Domestic Dispute
When an assault occurs within a domestic setting in Western Australia, the legal process typically involves:
- Police Investigation: The WA Police Force is mandated to investigate all suspected incidents of family violence, focusing on determining whether offences have been committed or identifying behaviour that coerces, controls or causes fear.
- Charges and Prosecution: Depending on the evidence, charges may be laid, and the case proceeds to court.
- Court Proceedings: The accused has the opportunity plead guilty or not guilty, and to present a defence such as self-defence, lack of intent or mistaken identity.
Support Services
For those affected by domestic violence, Western Australia offers several support services:
- Women’s Domestic Violence Helpline: 1800 007 339.
- Men’s Domestic Violence Helpline: 1800 000 599.
Find a Domestic Assault Lawyer
Assault charges arising from domestic disputes are treated with utmost seriousness in Western Australia, reflecting the state’s commitment to protecting individuals from family violence.
Understanding the legal definitions, potential charges and available support services is crucial for those involved in such situations. Seeking legal advice and support is essential to navigate these complex circumstances effectively.
Chambers Legal has an experienced team of domestic assault lawyers who can advise you on legal defences and prospects of success at trial.
Understanding the difficulty you face being involved in criminal proceedings, we pride ourselves on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been accused of assault and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
We are also available for free, 15 minute phone consultations.