Family Violence

Family violence under the Family Violence Protection Act 2008 (Vic) is broader than physical assault alone. It includes physical or sexual abuse, emotional or psychological abuse such as intimidation or harassment, economic abuse such as controlling a person’s finances, and coercive control – limiting a family member’s freedom or connection to others. Because the definition is broad, charges can arise from behaviour that does not involve any physical contact.

A contravention occurs when a respondent breaches any condition of a Family Violence Intervention Order or Family Violence Safety Notice. Even technical breaches – sending a text message, liking a social media post, or asking a third party to pass on a message – are criminal offences. Persistent contraventions, involving repeated contact with the protected person, carry heavier penalties. If you are charged with a contravention, you should seek legal advice immediately.

Yes, and this is common. The intervention order is a civil matter while the criminal charges are prosecuted separately. The risk is that the two proceedings interact – admissions made in the civil jurisdiction can be used against you in your criminal case. Managing both requires a coordinated defence strategy, and legal advice at the earliest stage is essential to ensure one proceeding does not compromise the other.

No. You have the right to silence and are not obliged to answer police questions beyond providing your name and address. You should not attempt to explain your side of the story to police without a lawyer present – anything you say can be used as evidence. Contact a lawyer before attending any police interview, regardless of how informal the questioning appears.

Yes. Slades & Parsons acts for both respondents facing charges and complainants who require independent legal advice. In many cases, police apply for an intervention order or lay charges against a partner against the complainant’s wishes. We can assist affected family members in applying to vary, extend, or cancel an existing order, making a statement of no complaint, or understanding their rights independent of the police prosecution.