Domestic Violence Charges SA: Aggravated Assault, Choking and Bail
Domestic violence charges in South Australia
A domestic violence charge brings an aggravated offence, often a presumption against bail and an intervention order, all at once. Talon Legal defends assault, choking and related charges arising in relationships and families, and runs the bail applications and intervention order hearings that come with them. Book a same-day free 30-minute consultation or call (08) 7094 2021 now.
Domestic violence charges SA snapshot
| Issue | Position in South Australia |
|---|---|
| Governing law | The Criminal Law Consolidation Act 1935 (SA), version in force from 1 July 2026, with the Bail Act 1985 and the Intervention Orders (Prevention of Abuse) Act 2009. |
| How the charge is framed | There is no single offence called domestic violence. Ordinary offences such as assault become aggravated offences when committed against a person the offender is or was in a relationship with (section 5AA(1)(g)). |
| Who counts | Spouses, domestic partners, other intimate relationships, children and stepchildren, siblings, other relatives, Aboriginal or Torres Strait Islander kinship, and people in an ongoing care relationship (section 5AA(4a)). |
| Aggravated assault | Up to 3 years imprisonment, or 4 years with an offensive weapon (section 20(3)). |
| Assault causing harm | Up to 4 years aggravated, or 5 years with an offensive weapon (section 20(4)). |
| Choking | Choking, suffocating or strangling a person in a relationship without consent: up to 7 years, or 10 years if it renders them unconscious (section 20A). |
| Bail | A choking charge makes the accused a prescribed applicant who must show special circumstances (Bail Act section 10A(2)(d)(i)). |
| Victims | The bail authority must give primary consideration to the alleged victim's need for physical protection (Bail Act section 10(4)). |
| Sentencing | The courts give personal and general deterrence heightened significance in domestic violence cases. |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with a domestic violence offence? How SA law treats it
Domestic violence charges in South Australia are ordinary criminal offences under the Criminal Law Consolidation Act 1935 (SA), made more serious when the alleged victim is a partner, former partner or family member. This page states the law current to 5 November 2026.
This guide sits within our assault and violent offences practice. A domestic charge usually comes with a bail application, covered in Bail SA and bail reviews, and an intervention order. If you are charged with breaching an order, see breach of an intervention order.
Free Consultation. Bail and the intervention order are usually decided within days of the charge. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- What makes an offence a domestic violence offence?
- What are the penalties for domestic assault?
- What is the choking offence?
- How does bail work on a domestic violence charge?
- Will there be an intervention order too?
- How are domestic violence offences sentenced?
- What has changed recently?
- How similar cases tend to play out
- How we defend domestic violence charges
- Domestic violence case law
- Frequently asked questions
What makes an offence a domestic violence offence?
An offence is aggravated if the offender committed it knowing the victim was a person with whom the offender was, or was formerly, in a relationship (section 5AA(1)(g)). Section 5AA(4a) defines who is in a relationship for that purpose:
| Relationship | Section 5AA(4a) |
|---|---|
| Married to each other, or domestic partners | (a), (b) |
| Another intimate personal relationship in which their lives are interrelated | (c) |
| A child, stepchild or grandchild, or a child under guardianship, regardless of age | (d), (e) |
| A child and a person acting in loco parentis, or a child who normally lives or stays with the other | (f), (g) |
| Siblings, or otherwise related by blood, marriage, domestic partnership or adoption | (h), (i) |
| Related under Aboriginal or Torres Strait Islander kinship rules, or another culturally recognised family group | (j) |
| An ongoing care relationship within the meaning of the Carers Recognition Act 2005 | (k) |
The relationship can be current or past, so separation does not take an offence outside section 5AA(1)(g). A second aggravating circumstance often arises in domestic matters. It applies where the offender was acting in contravention of an injunction or other order of a court, such as an intervention order made by a court, and the offence lay within the range of conduct the order was designed to prevent (section 5AA(1)(l)).
Even where aggravation is not charged, the domestic context remains relevant at sentence (Police v Dolan [2010] SASC 341 at [18]).
What are the penalties for domestic assault?
A person commits an assault if, without consent, they intentionally apply force to another person, or make physical contact they know the person might reasonably object to (section 20(1)). Threats to apply force that the person has reasonable grounds to believe may be carried out, and accosting or impeding someone in a threatening manner, are also assaults. Conduct within the normal incidents of social interaction, or justified or excused by law, is not an assault (section 20(2)).
The maximum penalties for the offences most often charged in a domestic setting are:
| Offence | Basic | Aggravated, including by a relationship | Section |
|---|---|---|---|
| Assault | 2 years | 3 years; 4 years with an offensive weapon | 20(3) |
| Assault causing harm | 3 years | 4 years; 5 years with an offensive weapon | 20(4) |
| Causing harm, reckless | 5 years | 7 years | 24(2) |
| Causing harm, intending harm | 10 years | 13 years | 24(1) |
| Choking, suffocation or strangulation in a domestic setting | 7 years | No separate aggravated form | 20A(1) |
| Choking, suffocation or strangulation causing unconsciousness | 10 years | No separate aggravated form | 20A(a1) |
Other charges often laid in a domestic setting include threatening to cause harm (section 19), stalking and harassment (section 19AA) and property damage (section 85). The assault and assault causing harm guides cover those offences outside the domestic setting.
What is the choking offence?
Section 20A makes it an offence for a person who is, or has been, in a relationship with another person to choke, suffocate or strangle that person without their consent. The maximum is 7 years imprisonment (section 20A(1)), or 10 years if the choking causes harm such that the person is rendered unconscious (section 20A(a1)). The relationships covered match those in section 5AA(4a) (section 20A(3)).
The section defines its terms (section 20A(4)):
- Choking or strangling means applying pressure to the person’s neck to an extent capable of affecting their breath or the flow of blood to the head.
- Suffocating includes obstructing any part of the respiratory system, interfering with its operation, or impeding the person’s breathing, in each case to any extent.
No injury needs to be proved for the 7 year offence. A jury not satisfied of the unconsciousness offence may return a verdict of the 7 year offence. A jury not satisfied of either may return a verdict of assault. In each case the judge must have told the jury that verdict is open (section 20A(5) and (6)).
The Court of Appeal has considered the offence in Burnett v The King [2025] SASCA 126, decided on section 20A as it stood before the amendments of 1 May 2025, which inserted the unconsciousness offence and replaced the definitions. The majority described Parliament’s purpose as treating this conduct as predictive of escalation from domestic violence to domestic homicide ([131]). It held that any restriction or hindering of breath is enough, without proof of a significant restriction ([132]). It also held that recklessness requires foresight of the possibility, not the probability, that the act would hinder or restrict the complainant’s breath ([180] to [181]).
How does bail work on a domestic violence charge?
Where there is a victim, the bail authority must give primary consideration to the victim’s need, real or perceived, for physical protection (Bail Act 1985 section 10(4)). That does not reverse the onus (R v Dunstan [2010] SASC 12 at [13]), but it shapes the conditions a court will require.
Two kinds of domestic charge reverse the presumption, so bail is refused unless the accused establishes special circumstances (section 10A(1)):
- A person taken into custody for choking, suffocation or strangulation under section 20A (section 10A(2)(d)(i)).
- A person charged with an aggravated offence of violence or threatened violence, where the aggravating circumstance is a contravention of a court’s intervention order and the offence lay within the conduct the order was designed to prevent (section 10A(2)(ca)).
In Lillyman v The Queen [2020] SASC 55, the Chief Justice said that by prescribing section 20A, Parliament declared that in the generality of cases protecting the alleged victim will outweigh the presumption of bail ([3], [10]). The presumption is against all bail, including home detention bail, but home detention together with other matters might amount to special circumstances (Butler v The Queen [2020] SASC 74 at [14]).
Special circumstances have been found on choking charges where:
| Case | What was decisive |
|---|---|
| R v Sumner [2020] SASC 231 | The complainants had moved interstate, reducing the risks ([31]) |
| Homsi v The Queen [2020] SASC 242 | The relationship had ended, the applicant did not know where the complainant lived, and no trial was likely for many months ([39] to [40]) |
| R v Gawel [2021] SASC 67 | Some 15 months on remand that might exceed any sentence ([27] to [28]) |
The bail reviews guide explains how these applications are prepared.
Will there be an intervention order too?
Often. Police can issue an interim intervention order when the accused is present or in custody (Intervention Orders (Prevention of Abuse) Act 2009 section 18(1)). A court deciding bail can also issue one, as if an application had been made under that Act (Bail Act 1985 section 23A(3)). The order and the criminal charge run separately. Under the Intervention Orders (Prevention of Abuse) Act 2009, facts on the order are decided on the balance of probabilities, and the order continues until revoked (sections 28 and 11). The intervention orders page explains how orders are contested and varied.
Decisions about the order and the charge should be made together. In Hame v Police [2023] SASC 131, an assault charge was withdrawn when the complainant did not wish to give evidence, on the basis that the accused consented to the intervention order ([2] to [4]). The consent was later set aside because he had not received full advice on the alternatives ([10] to [11]).
How are domestic violence offences sentenced?
The courts treat domestic violence as serious and give deterrence heightened weight:
- Personal and general deterrence have a heightened significance when sentencing for crimes of domestic violence. “The community expects the law to protect women, to protect the weak from the strong, and to protect the vulnerable from the oppressor” (R v Wilkinson [2008] SASC 172 at [28] to [29]).
- The community expects, and the protection of women requires, sentences likely to deter the offender and others (R v Lennon [2003] SASC 337 at [12]).
- Any domestic violence offence, even at the lower end, raises greater concerns about risk to the community than minor offending, which heightens the need for punishment and deterrence (Salhan v Police [2024] SASC 106 at [40] to [41]).
Recording a conviction is common even for lower-end offending. In Healy v Police [2020] SASC 40, a low-range aggravated assault by a man with no record, causing no injury, still led to a conviction because the Magistrate was entitled to find general deterrence outweighed his personal circumstances ([10]). In Salhan, recording a conviction for two slaps causing minor injury was within range ([40] to [41]).
The complainant’s attitude is relevant but not decisive. The Supreme Court has said a victim’s wishes cannot determine the sentence, and that the principle must be applied with considerable caution in domestic violence (Craill v Police [2016] SASC 168 at [33]).
What has changed recently?
- 1 July 2026. The relationship definitions in section 5AA(4a) and section 20A(3) were amended by the Carers Recognition (Miscellaneous) Amendment Act 2025 and now refer to an ongoing care relationship within the meaning of the Carers Recognition Act 2005.
- 1 May 2025. Section 20A was amended: the 10 year offence of choking causing unconsciousness was inserted (section 20A(a1)), the definitions in section 20A(4) were replaced, and the alternative verdict provisions in section 20A(5) and (6) were inserted.
The Criminal Law Consolidation (Coercive Control) Amendment Act 2025 was assented to on 11 September 2025. On 5 November 2026 the register listed its amendments to the Criminal Law Consolidation Act 1935, including a new Division 7AAB of Part 3 and amendments to sections 5AA(4a) and 20A(3), as not yet commenced. They are not reflected on this page.
How similar cases tend to play out
Three illustrations of how the law applies on ordinary facts. They are not predictions. The result depends on the evidence, the record and the court.
Lower range. During an argument a man grabs his wife’s arms and pushes her onto a couch. There is no injury and he has no record. The charge is assault aggravated by the relationship, with a maximum of 3 years (section 20(3) and section 5AA(1)(g)). A non-custodial outcome is realistic, but as Healy shows, a conviction may be recorded because of general deterrence.
Middle range. A woman throws a glass at her partner, cutting his hand, while an intervention order made by a court protects him. The charge may be aggravated assault causing harm, aggravated both by the relationship and by the contravention of the order (section 5AA(1)(g) and (l)). Because the aggravation includes contravening the order, she is a prescribed applicant for bail (section 10A(2)(ca)).
Upper range. A man is alleged to have choked his former partner until she nearly lost consciousness. The charge is under section 20A(1), with a maximum of 7 years, or 10 years if she was rendered unconscious. He is a prescribed applicant, and bail depends on special circumstances such as those found in Sumner, Homsi and Gawel.
How we defend domestic violence charges
A domestic charge has several moving parts at once: the charge, bail, the intervention order and often family law. We plan for all of them from the first day.
| Stage | What happens | What we do |
|---|---|---|
| Arrest | Police lay the charge, often with an interim intervention order. | Advise on the interview, the order's terms and immediate compliance. |
| Bail | A bail application, with victim protection the primary consideration, or special circumstances for a prescribed applicant. | Prepare an address away from the complainant, supervision and home detention where needed. |
| The charge | The prosecution must prove the offence and any aggravating circumstance. | Test the evidence, including injuries, witnesses and recordings, and challenge aggravation or a section 20A charge the facts do not support. |
| The order | The intervention order hearing runs separately. | Coordinate the order and the charge so a decision on one does not damage the other. |
| Resolution | Negotiation, a plea with mitigation, or trial. | Pursue withdrawal or downgrading where the evidence is weak, and present the strongest mitigation at sentence. |
We cannot promise a particular outcome, and no lawyer can. We can make sure every part of the case is handled with the others in mind.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Domestic violence case law
These are the South Australian decisions this guide relies on. The case notes state what each court decided.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Burnett v The King [2025] SASCA 126 | Court of Appeal | Section 20A before May 2025: any restriction of breath; recklessness is foresight of possibility | [131] to [132], [180] to [181] |
| Lillyman v The Queen [2020] SASC 55 | Supreme Court | A choking charge makes the accused a prescribed applicant | [3], [10] |
| Butler v The Queen [2020] SASC 74 | Supreme Court | The presumption is against all bail, including home detention | [14] |
| R v Dunstan [2010] SASC 12 | Supreme Court | Victim protection is the primary consideration but does not reverse the onus | [13] |
| R v Sumner [2020] SASC 231 | Supreme Court | Complainants moved interstate: special circumstances | [31] |
| Homsi v The Queen [2020] SASC 242 | Supreme Court | Relationship over and trial delay: special circumstances | [39] to [40] |
| R v Gawel [2021] SASC 67 | Supreme Court | Remand that may exceed any sentence | [27] to [28] |
| R v Wilkinson [2008] SASC 172 | Court of Criminal Appeal | Heightened personal and general deterrence | [28] to [29] |
| R v Lennon [2003] SASC 337 | Court of Criminal Appeal | Deterrent sentences to protect women from violence | [12] |
| Police v Dolan [2010] SASC 341 | Supreme Court | Domestic context relevant even if aggravation not charged | [16], [18] |
| Healy v Police [2020] SASC 40 | Supreme Court | Low-range aggravated assault: conviction recorded for general deterrence | [10] |
| Salhan v Police [2024] SASC 106 | Supreme Court | Lower-end domestic violence still heightens deterrence | [40] to [41] |
| Craill v Police [2016] SASC 168 | Supreme Court | The victim's wishes are not determinative | [33] |
| Hame v Police [2023] SASC 131 | Supreme Court | Consent to an order as the price of withdrawing a charge needs full advice | [2] to [4], [10] to [11] |
Case notes
Burnett v The King [2025] SASCA 126
By majority, the Court of Appeal held that under section 20A, as it stood before 1 May 2025, any restriction or hindering of the complainant’s breath is enough, and no significant restriction need be proved ([132]). That reflected Parliament’s purpose of treating the conduct as predictive of domestic homicide ([131]). Recklessness is satisfied by foresight of the possibility that the act would hinder or restrict breathing ([180] to [181]). Kourakis CJ took a different view of the fault element. Permission to appeal was granted and the appeal dismissed.
Lillyman v The Queen [2020] SASC 55
The applicant was charged with choking his de facto partner. Kourakis CJ said a person taken into custody for a section 20A offence is a prescribed applicant ([3]). By prescribing the offence, Parliament declared that in the generality of cases protecting the alleged victim will outweigh the presumption of bail ([10]). The review was dismissed.
Butler v The Queen [2020] SASC 74
The applicant was charged with assaulting his former partner, including in breach of an intervention order. Kourakis CJ held that the section 10A presumption is against all bail, including home detention bail, while accepting that home detention with other matters might amount to special circumstances ([14]). The review was dismissed.
R v Dunstan [2010] SASC 12
Kourakis J held that section 10(4) makes a victim’s need for protection the primary consideration but does not reverse the onus, so not every need for protection requires refusal ([13]). Bail was refused on the facts.
R v Sumner [2020] SASC 231
The applicant was a prescribed applicant for alleged choking. Bleby J found that the complainants’ move to Queensland reduced the risks so that the combination of circumstances was capable of amounting to special circumstances ([31]), and granted strict home detention bail.
Homsi v The Queen [2020] SASC 242
The charge was choking. Livesey J relied on the end of the relationship, the applicant not knowing where the complainant lived, and the prosecution’s acceptance that no trial was likely before the first half of 2022 ([39] to [40]). Strict home detention bail was granted.
R v Gawel [2021] SASC 67
The applicant faced some 15 months on remand that might exceed any sentence ([27]). Parker J found that delay of that extent could not have been anticipated by Parliament ([28]), and granted bail on strict home detention conditions.
R v Wilkinson [2008] SASC 172
Gray J, with whom the other members of the Court of Criminal Appeal agreed on this point, said personal and general deterrence have a heightened significance in sentencing for domestic violence ([28]). His Honour added that the community expects the law to protect women and the vulnerable ([29]). The sentence appeal was dismissed.
R v Lennon [2003] SASC 337
On a Director’s appeal, Doyle CJ said the court must do what it can to protect women from violence by men, within domestic relationships as elsewhere. The community expects sentences that deter the offender and others ([12]). The sentence was increased.
Police v Dolan [2010] SASC 341
A first offender assaulted his pregnant partner. Gray J restated the heightened significance of deterrence ([16]) and said that the domestic relationship remained relevant although aggravated assault was not charged ([18]). A bond was replaced with a suspended prison sentence.
Healy v Police [2020] SASC 40
The appellant, with no record, forced his wife to a dresser and pushed her head towards her phone, without injury. David AJ concluded the Magistrate was entitled to find that the prevalence and nature of domestic violence, and so general deterrence, outweighed his personal circumstances in recording a conviction ([10]). The appeal was dismissed.
Salhan v Police [2024] SASC 106
The appellant slapped his wife twice. McDonald J said any domestic violence offence, even at the lower end, raises far greater concerns about risk to the community ([40]), so the need for punishment and deterrence was heightened ([41]). Recording a conviction was within range, and the appeal was dismissed.
Craill v Police [2016] SASC 168
Stanley J said the victim’s wish that the offender not be imprisoned was relevant but could not determine the sentence. The principle must be applied with considerable caution in domestic violence ([33]). The appeal was dismissed.
Hame v Police [2023] SASC 131
An assault charge was withdrawn when the complainant did not wish to give evidence, and the accused consented to an intervention order ([2] to [4]). Kourakis CJ found a miscarriage of justice because he had not received full advice on the alternatives, set aside the confirmation and remitted the matter ([10] to [11]).
Frequently asked questions
Is there a domestic violence offence in South Australia?
Not as a single offence. Ordinary offences such as assault and causing harm are aggravated when committed against a person the offender is or was in a relationship with (section 5AA(1)(g) of the Criminal Law Consolidation Act 1935). Choking in a domestic setting is a specific offence under section 20A.
What is the penalty for domestic assault in SA?
Assault aggravated by a relationship carries up to 3 years imprisonment, or 4 years with an offensive weapon (section 20(3)). If the assault causes harm, the maximum is 4 years aggravated, or 5 years with an offensive weapon (section 20(4)).
What is the penalty for choking in SA?
Choking, suffocating or strangling a person in a relationship without consent carries up to 7 years imprisonment (section 20A(1)), or 10 years if it causes harm that renders the person unconscious (section 20A(a1)).
Does choking have to stop someone breathing to be an offence?
No. The section defines choking and strangling as applying pressure to the neck to an extent capable of affecting the breath or blood flow to the head (section 20A(4)). Under the earlier wording, the Court of Appeal held that any restriction of breath was enough.
Can a separated partner be the victim of an aggravated assault?
Yes. Section 5AA(1)(g) covers a person with whom the offender is, or was formerly, in a relationship.
Does a domestic relationship include family members?
Yes. Section 5AA(4a) includes children and stepchildren, siblings, other relatives, Aboriginal or Torres Strait Islander kinship relationships and ongoing care relationships, as well as partners.
Can the alleged victim drop domestic violence charges?
Not simply by asking. Their attitude is relevant, and a complainant’s unwillingness to give evidence can affect how a prosecution proceeds, as in Hame v Police. At sentence, the Supreme Court has said a victim’s wishes cannot determine the outcome and must be applied with considerable caution in domestic violence cases.
Will I get bail on a domestic violence charge?
Often, but conditions are usually strict, because the alleged victim’s need for protection is the primary consideration (Bail Act section 10(4)). For a choking charge, or a violent offence aggravated by contravening a court’s intervention order, bail is refused unless special circumstances are shown (section 10A).
Will a domestic assault conviction be recorded?
Often. The Supreme Court has upheld convictions recorded for lower-end domestic assaults because general deterrence weighs heavily, as in Healy and Salhan. Whether a conviction is recorded still depends on the offence and the person.
Will there be an intervention order as well?
Often. Police can issue an interim order when the accused is present or in custody, and a court can make one in the bail proceedings. The order is decided separately from the charge and continues until it is revoked.
Is coercive control a crime in South Australia?
The Criminal Law Consolidation (Coercive Control) Amendment Act 2025 was assented to on 11 September 2025, but on 5 November 2026 the register listed its amendments as not yet commenced. Exercising an unreasonable level of control and domination over a person’s daily life is already a form of abuse for intervention order purposes (Intervention Orders (Prevention of Abuse) Act 2009 section 8(5)(i)).
Do I need a lawyer for a domestic violence charge?
A domestic charge usually involves bail, an intervention order and the criminal case at once, and decisions in one affect the others. We can advise on all three and appear at each stage. Call (08) 7094 2021.
South Australian courts we attend for domestic violence charges
We defend domestic violence charges in the Adelaide Magistrates Court, the suburban and regional Magistrates Courts listed below and the District Court, and appear on bail reviews in the Supreme Court.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.