Violent behaviour

Why violent behaviour is an offence

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

You don’t have to make physical contact with someone to be charged with a violence-related offence.

Making someone 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 actually mean to harm the other person or not, as long as you wanted them to believe that you would harm them.

If you are a victim-survivor of violent behaviour

If you are a victim-survivor, visit our pages:

• Family violence and family violence intervention orders
• Personal safety intervention orders
• Victims of crime and Victim impact statements.
• You may also be interested in financial assistance and compensation and the Victorian Government's Victims of crime website which has a helpline and other supportive information.

Charges associated with violent behaviour

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 serious 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 for violent behaviour

Penalties for committing acts of violence include:

• diversion programs
• good behaviour bonds (known as an adjourned undertaking)
• fines
• penalties that you serve in the community, such as community correction orders
• imprisonment
• paying compensation to your victim/s.

What if I was involved in a violent act with others, but did not take part?

It can be very hard to work out exactly what’s happened when there is a group of people involved in a violent act. Often everyone at the scene will be charged. ‘Affray’ (a violent disturbance of the peace) is a common charge in these circumstances.

Even if you can prove that you did not commit any of the actual violence, the police may still charge you with ‘acting in concert’. Acting in concert can include ‘inciting’ (encouraging) people committing a violent act, or if your presence prevents the victim getting away.

If the victim withdraws their complaint, will the police drop the charges against the me?

Not necessarily.

The police will listen to the victim survivor's reasons for withdrawing the complaint against you, this is detailed in the 'statement of no complaint'. However once charges are laid, it’s up to the police to decide whether they should be dropped.

Police will usually proceed with charges, despite a 'statement of no complaint'. This is usually if there is enough evidence to prove the charges without relying on the your statement. Get further support.

What does the court consider when deciding my penalty ?

The court looks at a number of factors, including:

• your police record, if you have one
• the severity of any injuries sustained
• whether you plead guilty
• whether you are remorseful (sorry) about what you did
• if you have a problem with violence, such as a history of family violence. It will also consider if you've been to any counselling to help you manage your violent behaviour.

Penalties for violent acts range from fines to community-based orders to imprisonment.

You may also like to visit:

• Representing yourself in a criminal case
• Going to court – what to say and do in court.

Your options at court

You have three options at court:

• admit to the charges and ask for diversion – the diversion program means your case is treated differently. It is normally for less serious cases. You must agree to certain conditions. You do not get a criminal record.
• plead guilty
• plead not guilty.

For more information visit:

• Going to court – asking for a diversion
• Criminal records

Adjourning the hearing

You can ask the magistrate for an adjournment if you want to:

• go into the diversion program
• get a private lawyer.

Adjournments are hard to get for any other reason. The magistrate may say no.

Visit Going to court for a criminal charge for more information about what to do at court.

Explore our publications and resources

• You and family law
• How to respond to a family violence intervention order
• Personal safety intervention order: mention hearings self-help guide for respondents
• Personal safety intervention order: mention hearings self-help guide for applicants
• Family violence intervention order applications – for respondents
• Family violence intervention order applications – for affected family members

Explore our related pages

• Other support for going to court
• Help at court – duty lawyer services
• Going to court for a criminal charge
• Violence abuse and personal safety
• Family violence and family violence intervention orders
• Personal safety intervention orders
• Police powers and my rights
• Victims of crime