Family Violence Lawyer Melbourne

While often used interchangeably with “domestic violence,” the term family violence is the specific definition used by Victorian courts and it is broader than physical assault alone. Under the Family Violence Protection Act 2008 (Vic), it includes physical or sexual abuse such as assault, threats, or coercion; emotional or psychological abuse including tormenting, intimidating, or harassing behaviour; economic abuse such as withholding money or controlling financial autonomy; and 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. Matters can proceed quickly, with interim intervention orders granted before any evidence is tested in court. Our role is to scrutinise the evidence, identify weaknesses in the prosecution’s case, and present your defence effectively from the earliest stage.

It is common to face criminal charges simultaneously with a civil intervention order. The most common charge is contravention of a Family Violence Intervention Order or Family Violence Safety Notice – even an accidental breach, such as sending a text message, liking a social media post, or asking a third party to pass on a message, will result in a criminal charge. Persistent contraventions carry heavier penalties.

Police also frequently lay standard criminal charges flagged as family violence incidents – including unlawful assault, intentionally or recklessly causing injury, and threats to kill or inflict serious injury. Using a phone or internet service to harass or menace a family member is a federal offence often prosecuted alongside state family violence charges.

All of these carry criminal records and potential imprisonment. Slades & Parsons are experienced across the full range of these charges and provide strong representation at every stage.

One of the greatest risks in family violence cases is the overlap between criminal proceedings – police versus you – and the civil intervention order process. Admissions made in the civil jurisdiction can be used against you in your criminal case. Conversely, fighting the criminal charges aggressively may affect the negotiation of intervention order conditions. Managing both simultaneously requires careful, coordinated strategy.

Beyond defending charges, we also assist respondents in applying to vary or revoke existing intervention orders to ensure conditions remain fair and appropriate. For complainants and affected family members, we provide independent legal advice where police have applied for an order or laid charges against a partner against their wishes – including making a statement of no complaint, applying to vary or cancel an existing order, or simply understanding your rights independent of the police prosecution.

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.

Two immediate decisions have a direct impact on your case. First, the police interview: you have the right to silence and should not explain your side to police without a lawyer present. Second, bail: in family violence matters, police often refuse bail citing unacceptable risk. We provide urgent representation to argue for your release at the earliest opportunity.

Do not leave your future to chance. Whether you are the accused or a complainant seeking independent advice, call our 24/7 urgent help line on (03) 9602 3000. Slades & Parsons are available to take your call around the clock.