If you have been charged with a domestic violence offence or are under police investigation for an incident at home, the consequences can be immediate and severe. You may be facing exclusion from your home, separation from your children, and the prospect of a criminal record or imprisonment.
At Slades & Parsons, we understand that “domestic violence” is the term most people use, though in Victorian courts, these matters are prosecuted under Family Violence laws. Regardless of the terminology, the stakes are high.
We are Accredited Criminal Law Specialists. We cut through the confusion to provide a robust defence against criminal charges arising from domestic disputes.
Do not speak to the police without advice. Call our 24/7 Help Line on (03) 9602 3000.
Defending Criminal Charges in a Domestic Context
Unlike a civil Intervention Order (which restricts behaviour), criminal charges mean the police allege you have broken the law. These charges carry criminal penalties, including fines, Community Correction Orders, and imprisonment.
We routinely defend clients against the specific criminal charges that arise from domestic disputes:
Common Domestic Violence Offences
- Assault Charges: Common Assault, Unlawful Assault, or the more serious Recklessly/Intentionally Causing Injury.
- Threats: Threats to Kill or Threats to Inflict Serious Injury.
- Property Damage: Criminal Damage (even to your own property, if it is jointly owned or used to intimidate).
- Stalking & Harassment: Including persistent calling, texting, or tracking (using a carriage service to harass).
- Breach of Orders: Being charged with contravening a Family Violence Safety Notice or Intervention Order.
Why “Domestic” Offences are Treated Differently
Victorian courts treat offences committed in a domestic context as aggravated (more serious) than similar offences between strangers. Sentencing guidelines are stricter. This makes having a specialist criminal defence lawyer – not just a generalist – essential to protect your future.
The Police Interview: Your First Line of Defence
Whether you are a victim in a domestic violence court case or accused of committing family violence, obtaining sound and prompt legal advice is imperative from the very first stages of the proceedings. Early decisions made in interactions with investigators can significantly influence the outcome of your case. Our team is committed to providing the guidance and representation you need to navigate these challenging situations effectively.
In domestic violence investigations, the Record of Interview is often the turning point of the case. Police may pressure you to “tell your side of the story” while tensions are high.
- You have the right to silence.
- You have the right to speak to a lawyer first.
Admissions made during this interview can be used against you in court, even if the complainant later wants to withdraw their statement. Our 24/7 emergency team can advise you before the interview to prevent you from inadvertently damaging your defence.
Bail and Immediate Release
If you have been charged and taken into custody, your immediate priority is bail. In domestic violence matters, police often refuse bail due to “unacceptable risk” to the complainant.
We provide urgent representation at Bail Hearings to:
- Argue against the “unacceptable risk” threshold.
- Propose realistic bail conditions (such as residing at an alternative address).
- Secure your release so you can prepare your defence from home, not a remand centre.
Relationship with Intervention Orders
It is common to face criminal charges and a civil Intervention Order (IVO) simultaneously.
While this page focuses on your criminal defence, Slades & Parsons also provides specialist representation for the civil proceedings. We ensure your criminal defence strategy does not compromise your position in the Intervention Order hearing, and vice versa.
- Learn more about our services for Family Violence Intervention Orders here.
- Learn more about the Victorian Family Violence legal framework here.
Our Defence Strategy: How We Win
Domestic disputes are rarely black and white. Police briefs often rely on “he-said, she-said” allegations without independent witnesses. We meticulously examine the evidence to identify flaws in the prosecution’s case.
Common Defences We Explore:
- Self-Defence: Was your action a proportionate response to a threat against you?
- False Allegations: Is the complaint motivated by Family Law tactics or relationship breakdowns?
- Lack of Evidence: Can the prosecution prove the offence beyond a reasonable doubt without independent corroboration?
Speak to a Domestic Violence Lawyer Today
Don’t let a domestic dispute become a permanent criminal record. Immediate, expert legal advice is your best protection.
Contact Us Today
Contact Slades & Parsons for help in navigating the legal process on domestic violence offences. We’ll be back in touch shortly.
Slades & Parsons are available to take your call 24 hours a day.
Our experienced criminal lawyers can provide more information on domestic violence offences and help in navigating the legal process.
