A person may be charged with a criminal offence that derives from family or domestic violence. In this context, violence is not limited to only physical harm however, it can be identified as being emotional, financial or psychological control. If you are charged with an offence involving someone you were or currently in a relationship with or are the parent/guardian of, the penalties you could be facing are serious.
Under the Criminal Law Consolidation Act 1935 (SA), if you are charged with choking, suffocation or strangulation in a domestic setting, the maximum penalty is 7 years imprisonment. For other offences, such as ‘assault,’ there is a factor of aggravation if the offending occurred in a family or domestic setting. The maximum penalty is 3 years imprisonment.
If there is an active Intervention Order between yourself and another party, you may be charged with additional offending. If you breach a condition of the Order, the maximum penalty will be 3 years imprisonment for a basic offence or imprisonment for 5 years for an aggravated offence. If this is not a first contravention of the order or the alleged act constitutes physical violence, or a threat thereof, the maximum penalty for a basic offence increases to 7 years imprisonment or 10 years for an aggravated offence.
The solicitors at Woods & Co Lawyers may also assist you in defending an Intervention Order. An Application will be listed with the Court on the Originating Application to have the matter brought before the Court if the Order is contested.
Click here to go to our intervention order page
At Woods & Co Lawyers, we can assist you with any avenue.