Family Violence Lawyer Melbourne

Contact JDA’s criminal lawyers today for expert family violence advice.

  • Family violence offences and intervention order applications are a complicated area of the law and require expert and detailed advice. 

  • Consequences of family violence allegations include intervention orders which may prohibit you from entering certain places or being near certain people and can also lead to significant consequences where those orders are breached 

  • Family Violence is a serious matter and quality legal representation is important

The Process

Family Violence matters are dealt with in court and intervention orders are legally enforceable. This means it is important to understand the steps that may be followed, such as:

  1. An application for a Family Violence intervention order can be imposed at the Magistrates’ Court; 

  2. The police may be called, in which case they can search the house and apply issue a family violence safety notice to protect a family member before the matter is able to be listed at court and the court consider whether an interim intervention order should be granted; 

  3. The alleged perpetrator may receive or be provided with a summons to attend court on a specific date or may be granted bail to attend court for an intervention order hearing; 

  4. Where a person is unable to be located the court can issue a warrant for a person’s arrest to ultimately ensure they are notified of their requirement to attend court to face the intervention order application; 

  5. The matter will be heard in court and a Magistrate will decide whether a final order is required by assessing whether family violence behaviour has occurred and whether there is a risk of further family violence behaviour into the future;

  6. If a Family Violence intervention order is imposed the conditions will be clearly outlined in the interim or final order;

  7. An intervention order proceeding is a civil proceeding and being served with an interim or final family violence intervention order does not mean that you have a criminal record or that you have been charged with a criminal offence. It is only the contravention or breaching of that intervention order that will result in a criminal charge.

The process in relation to intervention orders and criminal allegations in respect of family violence are complicated and we encourage you to seek urgent, expert advice from our lawyers. 

Expert family violence lawyers at JDA Law can help you understand the requirements of every step of your case.

Types of Family Violence Crimes

The Family Violence Protection Act 2008 (Vic) describes the nature of Family Violence and the possible ramifications under Victorian law. It sets out the definitions relevant to the terminology in respect of family violence, sets out the framework for intervention order proceedings and various penalties. 

Examples of Family Violence include:

Physical violence - Such as hitting, kicking, or choking

Sexual violence - Including pressuring someone into sexual acts

Property damage - Which may be used to exert control or induce fear

Economic abuse - This includes the controlling of someone else’s money against their will, forcing someone to take on debts, and preventing someone from working

Emotional or psychological violence - Such as verbal or written abuse, taunting someone about their sexuality or making them feel no one will help them

Threats- Including threats of harm, taking away someone’s children, sharing images and more

Coercing, controlling, or dominating - Areas such as where someone goes, who they see, what they have access to

For the purpose of Family Violence matters, the law recognises family members as:

Those sharing an intimate personal relationship, eg: married, de facto or domestic partners 

  • Parents and children

  • Relatives by birth, marriage or adoption

  • Other close carers, guardians, family in the structure of your culture

Note that receiving an intervention order does not mean you have a criminal record, however breaking the terms of the order is a criminal offence.

If found guilty of this, you can receive a significant fine and/or a prison sentence of up to two years. If you breach the order on three occasions within any 28 day period you can receive a prison sentence of up to five years.

Need a Family Violence Lawyer in Melbourne?

Simply contact JDA Law on (03) 9781 4900 to receive expertised advice 24/7 on family law.