Being charged with family violence offences can be extremely overwhelming. Not just personally, but legally as well. Victoria’s laws involve strict protocols regarding family law matters. At Doogue + George, our specialist family violence lawyers Melbourne can provide the all-encompassing support you need at this time.
Facing Family Violence Charges in Victoria? Our Expert Lawyers Can Help
Facing family violence charges or an intervention order can be a distressing and complex experience. At Doogue + George, our dedicated family violence lawyers provide expert legal guidance and defence for both applicants and respondents.
Through our practice, we deal with family violence matters and intervention orders regularly. We understand the unique challenges these cases present and act swiftly to protect your rights and reputation.
What Are Family Violence Charges?
In Victoria, family violence is broadly defined and taken very seriously under the Family Violence Protection Act 2008.
It’s not limited to physical harm; rather, it encompasses a pattern of behaviour that can be physically, sexually, emotionally, psychologically, or economically abusive and is used to control, threaten, or dominate a family member, causing them to fear for their safety or wellbeing.
This also extends to behaviour that causes a child to hear, witness, or be exposed to the effects of such violence.
Family Violence Intervention Orders (FVIO) Explained
FVIOs are civil orders by the Melbourne Magistrates’ Court designed to protect victims or affected family members from future harm.
A family violence intervention order, under Victorian law, is a civil order. However, it can also lead to criminal offence charges and immediate arrest if there is any allegation of non-compliance. If the law deems family members unsafe, a final order can also be issued under the Family Violence Protection Act (2008). Our family violence lawyers ensure that you clearly understand these obligations and proceed with confidence.
Family and Domestic Violence Charges – Melbourne Defence Lawyers
Failing to comply with any condition stipulated in a legally issued intervention order, whether it’s a Family Violence Intervention Order or a Personal Safety Intervention Order.
Failing to comply with a court order requiring participation in family counselling.
Disobeying any term or condition of a Family Violence Intervention Order issued by a court, such as making prohibited contact or going to a prohibited location.
Breaching a Family Violence Intervention Order with the specific intent to cause physical or psychological harm, or fear, to the protected person.
Failing to comply with any condition set out in a Family Violence Safety Notice issued by police, which is a temporary order designed to protect a family member.
Repeatedly breaching a Family Violence Intervention Order or Family Violence Safety Notice, indicating a pattern of non-compliance.
Possible Penalties for Family Violence Charges in Victoria
Domestic and family violence offences carry severe penalties in Victoria. A standard FVIO breach can incur a fine of up to 240 penalty units and a maximum imprisonment of two years. Persistent breaches can incur up to 600 penalty units and five years’ imprisonment. Other penalties include community correction orders, monetary fines, diversion programs (for first-time offenders), and adjourned undertakings.
Our family violence lawyers, Melbourne and anywhere else in Victoria, provide clear advice during these family law proceedings, ensuring that your reputation and criminal record are preserved.
What to Do After a Family Violence Charge in Melbourne
If you receive a safety notice or even a charge sheet, your actions in the initial hours afterwards will shape how things follow. A timely, disciplined response is vital, where you stay silent, comply, and seek advice from an expert family violence lawyer in Melbourne. This can ensure that your defence is viable, and the prosecution doesn’t receive any additional grounds to file additional charges.
Step 1: Do NOT Make Contact, and Comply With All Orders
If you have been served with a Family Violence Safety Notice (FVSN) or a Family Violence Intervention Order (FVIO), or if your bail conditions prohibit contact with the complainant, it is absolutely crucial that you do not attempt to contact them, directly or indirectly.
This includes messages, calls, social media interactions, or asking others to contact them on your behalf. Any breach will result in immediate further charges and significantly worsen your legal position, potentially leading to arrest and detention. Your immediate priority is strict compliance.
Step 2: Remain Silent and Do Not Speak to Police Without Legal Representation
Following a charge, police may want to interview you further. Do not engage in any police interview or answer any questions without a lawyer present. You have the right to remain silent, and anything you say can and will be used against you.
Step 3: Contact an Expert Family Violence Lawyer Immediately
This is the most vital step. The moment you are charged, or even suspect you might be, contact an experienced family violence lawyer from Doogue + George. Prompt legal intervention allows us to:
- Assess Your Situation: Review the allegations, any existing orders, and your specific circumstances.
- Advise on Your Rights: Clearly explain your legal rights and obligations.
- Identify Immediate Actions: Guide you on gathering crucial evidence, such as CCTV footage, phone records, or witness statements that can support your defence.
- Liaise With Police: Handle all communication with the police on your behalf.
Step 4: Understand the Legal Process and Prepare for Court
Your lawyer will explain the court process, what to expect at each stage, and how to prepare. This might involve:
- Gathering Evidence: Assisting you in compiling any evidence that supports your defence or explains your circumstances.
- Engaging in Recommended Programs: In some cases, undertaking counselling, a Men’s Behaviour Change program, or drug/alcohol treatment can demonstrate to the court your commitment to positive change and can be a mitigating factor. Your lawyer will advise if this is relevant to your case.
- Strategic Planning: Developing a defence strategy, whether you intend to defend the charges or plan on pleading guilty if you have committed family violence, to achieve the best possible outcome.
Why Choose Our Family Violence Lawyers in Melbourne
When facing family violence charges, you need more than just legal representation – you need an experienced, empathetic, and highly skilled team to navigate this complex and sensitive area of law.
Here’s why Melbourne clients trust us with their family violence defence:
- Accredited Expertise: Benefit from the guidance of the Law Institute of Victoria (LIV) Accredited Criminal Defence Lawyers. This prestigious accreditation signifies the highest level of expertise and specialisation in criminal law, including family violence matters.
- Unmatched Experience: With a track record of defending over 47,000 criminal prosecutions across all Victorian courts, our experience in navigating complex cases, including family violence, is unparalleled. We’ve seen it all and know how to build a strong defence.
- Recognised Leaders: Consistently recognised by the LIV and Doyle’s Guide, our firm and lawyers are acknowledged among the very best in criminal defence. This external validation speaks to our consistent success and trusted reputation.
- Empathetic & Accessible Support: We combine our deep legal expertise with a human touch, providing empathetic guidance and accessible support. We ensure you’ll be heard, understood, and confidently represented throughout your challenging legal journey.
- Proven Track Record: Whether negotiating with police, arguing for bail, or representing you in court, our history of achieving favourable outcomes in family violence matters speaks for itself. We are committed to securing the best possible result for you.
Defences to Family Violence Charges
Defending family violence matters requires an understanding of the burden of proof. Our experienced lawyers understand the strong emotions and complex relationships involved in these situations. We use tailored strategies, ranging from challenging the facts of the complaint to presenting evidence of self-defence or a lack of intent, strictly following the rules under the Family Violence Protection Act 2008 (Vic) and the Crimes Act 1958 (Vic).
Expert Family Violence Defence Lawyers Serving Melbourne & Victoria
At Doogue + George, we’re present across all the Victorian courts, including specialised family violence court divisions and the Melbourne Magistrates’ Court. Our team includes accredited specialists and highly experienced family lawyers who ensure discretion and provide practical advice, considering the complex emotional circumstances involved. Whether you’re defending criminal charges or contesting an interim intervention order, our defence violence family law attorney will provide the sophisticated advocacy you need to protect your future.
Client Testimonials & Awards
Recent Case Studies
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Find a Family Violence Lawyer Near You
Doogue + George is deeply embedded in the Victorian community, with offices strategically located to provide expert assistance right where you need it.
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