While it is an offence for anyone to assault someone else, if the victim was, or previously had been, in a relationship with the offender, the offence is aggravated, with a higher maximum penalty of 3 years' imprisonment [Criminal Law Consolidation Act 1935 (SA) s 20].

Where the victim is or was in a relationship with the alleged offender, the offence is classified as a minor indictable offence. This gives the alleged offender the right to either have the matter dealt with in a summary court or to elect for trial before a jury in the District Court. See Criminal and Traffic Offences - Criminal and Traffic Offences - Types of Crimes and Courts. This may create difficulties for a victim who does not suffer any visible evidence of injury. The case may amount to the word of the victim versus the word of the alleged offender. The jury's response may well be a reflection of the community's attitude towards family violence which, in the past, has been to view it as within the private sphere and not subject to public disapproval. The victim's case will be strengthened by other evidence which will support the claim. For example, evidence of the effect of blows on the victim's body may be given by a doctor and this evidence will have more weight if the doctor is seen as soon as possible after the assault. Photographs may also be of great assistance and any eye witness account by neighbours or friends or anyone present at the time.

The court must, as far as practicable, deal with proceedings for intervention orders as a matter of priority.

See alsoAssault.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732