Courts treat Domestic Violence cases as being exceptionally serious and sentences will tend to reflect this. However, the maximum sentence will be determined on a case by case basis. This will depend on a number of aggravating or mitigating factors.

Aggravating factors

• Abuse of trust and abuse of power or the victim is particularly vulnerable.
• Steps taken to prevent the victim from reporting an incident getting help.
• Victim forced to leave home, or steps have to be taken to exclude the offender from the home to ensure the victim’s safety.
• Impact on children.
• A proven history of violence or threats by the offender in a domestic context.

Mitigating factors

• Positive good character However, it is recognised that one of the factors that can allow domestic abuse to continue unnoticed for lengthy periods is the ability of the perpetrator to have a public and a private face.
• Evidence of genuine recognition of the need for change, and evidence of obtaining help or treatment to affect that change