Assault and Family Violence Offences in New Zealand

At CJ Legal, we understand that the Police’s account of an incident doesn’t always reflect the full story. Assault or family violence charges often arise from complicated circumstances that aren’t as clear-cut as they may appear. Our firm has secured positive outcomes for clients facing a wide variety of charges, including:

1. Common assault

2. Assault with a weapon

3. Male assaults female

4. Wilful damage

5. And other related offences

Below, we’ve outlined key details about these charges to help you understand your situation. If you or someone you know is facing assault or family violence charges, contact us right away for experienced legal support.

Violent offences range from relatively minor (common assault) to very serious (wounding with intent). Knowing these differences is crucial to mounting an effective defence.

1. Common Assault

1. Minimal force—or even no direct contact—can constitute assault. A threatening gesture may qualify if the other person believes you can carry it out.

2. Maximum penalties:

   • Under the Summary Offences Act 1981: Up to 6 months in prison or a fine up to $4,000.

   • Under the Crimes Act 1961: Up to 1 year in prison. (Charges under the Crimes Act are treated more seriously.)

2. Assault With Intent to Injure

1. Requires proof that the defendant intended to cause harm. For instance, a slap instead of a punch may indicate a lack of intent to inflict real harm, potentially making it a common assault.

2. Maximum penalty: Up to 3 years in prison.

3. Injures With Intent to Injure

1. An assault that caused injury.

2. Maximum penalty: Up to 5 years in prison.

4. Wounding With Intent

1. Can occur in three key ways:
   A. Wounding with intent to cause grievous bodily harm.
   B. Wounding with reckless disregard for others’ safety.
   C. Wounding with intent to injure.

2. Options A and B can lead to up to 14 years in prison; option C carries up to 7 years.

3. “Wounding” specifically involves ruptured membranes or broken skin resulting in bleeding—distinct from bruises or scratches, which are considered “injuries.”

Sadly, many assault charges occur in domestic settings. The law defines “family” broadly, so domestic violence charges can arise between:

1. Spouses or partners (including civil unions and de facto relationships)

2. Parents, relatives, or extended family members

3. People living together (e.g., flatmates)

4. Individuals in close personal or caregiver relationships

Male Assaults Female or Assault on a Person in a Family Relationship

1. Similar to common assault, but the charge is elevated because the alleged victim is a family or household member.

2. Maximum penalty: Up to 2 years in prison.

Breaching Protection Orders

1. Protection orders are intended to keep alleged victims safe, but they can be surprisingly easy to breach, sometimes by mistake.

2. Maximum penalty: Up to 3 years in prison. However, not every breach leads to conviction or severe penalties. You may have a reasonable excuse or valid defence.