Family Violence Lawyer Melbourne

Jump to: What Is Family Violence?

Family Violence & Criminal Defence: Protecting Your Rights

In Victoria, “Family Violence” is a specific legal category that carries severe consequences. Unlike general disputes, allegations made under the Family Violence Protection Act 2008 (Vic) trigger immediate police involvement and strict judicial oversight.

At Slades & Parsons, our Accredited Criminal Law Specialists provide expert defence for individuals facing criminal charges arising from family disputes. We understand that these matters are often complex, emotional, and rely heavily on “he-said, she-said” evidence.

If you have been charged with a family violence offence or a breach of an order, do not speak to the police without advice. Call our 24/7 Help Line on (03) 9602 3000.

 

What Counts as “Family Violence” in Victoria?

While often used interchangeably with “domestic violence,” the term Family Violence is the specific definition used by Victorian Courts. It is broader than just physical assault. Under the law, it includes:

• Physical or Sexual Abuse: Assault, threats, or coercion.
• Emotional or Psychological Abuse: Tormenting, intimidating, or harassing behaviour.
• Economic Abuse: Withholding money or controlling financial autonomy.
• Coercive Control: Limiting a family member’s freedom or connection to others.

Because the definition is so broad, police often lay charges based on complaints that lack independent witnesses. Our role is to scrutinise the evidence and present your defence effectively.

 

Common Family Violence Charges We Defend

It is common to face criminal charges simultaneously with a civil Intervention Order. While the order is civil, the following are criminal offences that carry criminal records and potential jail time:

1. Contravention of a Family Violence Intervention Order

This is the most common charge. If you are accused of breaking a condition of an Intervention Order (IVO) or a Family Violence Safety Notice (FVSN) – even accidentally – the police will charge you with a criminal offence.

• “Technical” Breaches: Sending a text message, “liking” a social media post, or getting a third party to pass on a message.
• Persistent Breaches: Repeatedly contacting the protected person can lead to charges of Persistent Contravention, which carries heavier penalties.

2. Assault & Threats in the Home

Police frequently lay standard criminal charges flagged as “Family Violence incidents”:

• Unlawful Assault: Common assault where no serious injury is caused.
• Causing Injury: Intentionally or recklessly causing injury (a more serious indictable offence).
• Threats to Kill or Inflict Serious Injury: Verbal or written threats.

3. Stalking & Carriage Service Offences

Using a phone or internet service to harass, menace, or offend a family member is a federal offence often prosecuted in state courts alongside family violence matters.

The Intersection: Criminal Charges vs. Intervention Orders

One of the greatest risks in family violence cases is the overlap between Criminal Proceedings (Police vs. You) and Civil Proceedings (The Intervention Order).

Admissions made in the civil jurisdiction can be used against you in your criminal case. Conversely, fighting the criminal charges aggressively may impact the negotiation of the Intervention Order conditions.

• For pure Intervention Order advice: If you have been served with an order but have not been charged with a crime, please visit our Intervention Order Lawyers page.
• For Criminal Charges: If the police have charged you, our strategy ensures your defence in the criminal case is not compromised by the civil order process.
• Varying or Revoking Orders: Beyond defending charges, we also assist Respondents in making applications to Vary or Revoke existing intervention orders against them to ensure conditions remain fair and appropriate.

Representing Complainants & Affected Family Members

Slades & Parsons also acts for complainants (the victim or affected family members) who require independent legal advice.

In many cases, police may apply for an Intervention Order or lay charges against a partner against the wishes of the complainant. If you are an affected family member who wants to:

• Apply to vary, extend or cancel an existing intervention order against your partner;
• Make a “statement of no complaint”; or
• Understand your rights independent of the police prosecution;
  We can provide the necessary representation to ensure your voice is heard by the Court.

Why Early Legal Advice is Critical

The penalties for Family Violence offences in Victoria are stern. Sentencing guidelines have tightened, and courts are increasingly willing to impose terms of imprisonment, even for breaches of orders where no physical violence occurred.

Immediate actions that impact your case:

1. The Police Interview: You have the right to silence. Do not explain “your side” to police without a lawyer present. 
2. Bail Applications: In family violence matters, police often refuse bail citing “unacceptable risk.” We provide urgent representation to argue for your release. 

Contact a Family Violence Lawyer Today

Do not leave your future to chance. Whether you are the accused or a complainant seeking independent advice, we can help navigate the Victorian legal system.

Call our 24/7 Urgent Help Line: (03) 9602 3000

Office Location: Level 1/224 Queen St, Melbourne, Victoria.