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Violent behaviour

Violent behaviour is any behaviour that causes another person any injury to the body that interferes with a person’s health or comfort, or that places them in fear of being injured. The injury only has to be slight – it can include pain or bruising.

Violent behaviour is an offence and can carry very serious penalties. If you are charged with an offence relating to violent behaviour get legal advice quickly.

You don’t have to make physical contact with someone to be charged with a violence-related offence. Placing a person in fear that you will be violent towards them can also be an offence, including:

  • threatening to harm someone
  • being physically intimidating, such as standing over someone.

It does not matter whether you intend to harm the other person or not, as long as you intend them to believe that you will.

Charges

If you commit a violent act, the crime you’re charged with will depend on:

  • the injuries suffered by the victim
  • what you meant to happen (your intention)
  • what you should have realised would happen as a result of your actions.

Common charges relating to violent behaviour include:

  • assault, including sexual assault, unlawful assault and common assault
  • affray (a violent disturbance of the peace)
  • causing injury or serious injury
  • homicide, including manslaughter and murder
  • aggravated burglary
  • robbery (theft with violence or the threat of violence)
  • threats to kill
  • threats to inflict serous injury.

Which court hears the charges depends on how serious the charge is. The Supreme Court hears cases where someone has died as a result of a violent act.

Penalties

Penalties for committing acts of violence include fines, imprisonment, diversion programs, penalties that you serve in the community, such as community-based orders or intensive correction orders, and paying compensation to your victim/s.

More information

Violent behaviour – frequently asked questions

Family violence intervention orders

Going to court

Victims of crime

Related publications

Your day in court

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

If you have a problem with violent behaviour or with managing your anger you can get counselling to help you to understand and change your behaviour. The Better Health Channel (new window) has information about and contact details for counselling services, or you can ask your GP for a referral.