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ARTICLE · 13 SEPTEMBER 2023

Can you sue for domestic violence in Australia?

Victims of domestic violence can sue offenders regardless of their relationship with them.

AustraliaLitigation, Mediation & Arbitration

Those in abusive relationships often ask, can you sue for domestic violence in Australia? The answer is yes, victims of domestic violence can sue offenders regardless of their relationship with them. However, there are a number of complexities which are explored below.

How Do Courts Handle Domestic Violence Cases in Australia?

Australian courts protect the rights of all assault victims, whether assaulted by a family member or stranger on the street. Any victim of domestic violence in Australia has the right to claim damages from their offender, such as their spouse or intimate partner.

Domestic violence offenders will usually face criminal charges. However, the offender does not need to be criminally convicted before a victim can sue them for damages. Victims have the right to claim damages from their offenders no matter the outcome of the criminal cases against them.

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