Family Violence Lawyers Melbourne

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

  • According to Victorian law, Family Violence is a fundamental violation of human rights
  • Consequences include Intervention Orders which may prohibit you from entering certain places or being near certain people, and can also lead to jail time if breached
  • Family Violence is a serious matter and quality legal representation is important

Need immediate assistance in relation to a Family Violence charge?

Call James Dowsley & Associates 24/7 on (03) 9781 4900

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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:

  • An application for a Family Violence Intervention Order may be made at the Magistrates’ Court or
  • The police may be called, in which case they can search the house and apply for an interim order to protect the family being abused
  • The alleged offender will receive a summons to attend court on a specific date, or may be arrested
  • The matter will be heard in court and the judge will decide on a final order
  • If a Family Violence Intervention Order is put in place the terms will be clearly written out. Receiving an Intervention Order does not give you a criminal record
  • If the terms of the intervention are broken, the respondent can be charged with a criminal offence

The process of a Family Violence case depends on how the crime is reported and the seriousness of the alleged abuse.

Expert family 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 describes the nature of Family Violence and the possible ramifications under Victorian law.

It states that Family Violence is not acceptable in any community or culture. If a child is witness to Family Violence they are also protected by law.

Examples of Family Violence include:

JDA Physical Violence

Physical violence

Such as hitting, kicking, or choking

JDA Sexual Violence

Sexual violence

Including pressuring someone into sexual acts

JDA Property Damage

Property damage

Which may be used to exert control or induce fear

JDA Economic Abuse

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

JDA Emotional Violence

Emotional or psychological violence

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

JDA Threat of Harm

Threats

Including threats of harm, taking away someone’s children, sharing images and more
JDA Coercing

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 will not give you a criminal record, however breaking the terms of the order is a criminal offence.

If found guilty of this, the maximum penalty is a fine of over $35,000.00 and/or a prison sentence of up to 2 years.

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Need a Criminal Lawyer in Melbourne
for a Family Violence Matter?

JDA’s Family Violence lawyers can provide you with 24/7 advice. Call us any time on (03) 9781 4900.

Request a Free Consultation

Key contacts

Speak to our criminal law specialists
Adrienna Kisvarda
Adrienna Kisvarda
Criminal Defence Lawyer Frankston
(03) 9781 4900 - adriennak@jdalaw.com.au
Kymberley Skillen
Kymberley Skillen
Criminal Defence Lawyer Dandenong
03 8788 5600 - kyms@jdalaw.com.au
Melainie Vinton
Melainie Vinton
Criminal Defence Lawyer Dandenong
03 8788 5600 - melainiev@jdalaw.com.au
Ben Hanley
Ben Hanley
Criminal Defence Lawyer Frankston
03 9781 4900 - benh@jdalaw.com.au
Lorna Williamson
Lorna Williamson
Criminal Defence Lawyer Frankston
03 9781 4900 - lornaw@jdalaw.com.au
Anthony Maselli
Anthony Maselli
Criminal Defence Lawyer Melbourne
03 8602 1400 - anthonym@jdalaw.com.au
James Dowsley
James Dowsley
Principal & Accredited Criminal Law Specialist
James has been involved in the Criminal Justice System as a Lawyer for over 25 years and gained his Specialist Accreditation from the Law Institute of Victoria in 2002. Being a dedicated advocate for clients human rights, James has a passion for defending his clients in the Australian Courts.
03 8602 1400 - jamesd@jdalaw.com.au
Domenic Care
Domenic Care
Partner - Melbourne
Domenic Care joined James Dowsley & Associates in 2013. He appears regularly in the Magistrates’ Court, County Court and Children’s Court of Victoria for matters including plea hearings, contested bail applications and appeal hearings.
03 8602 1400 - domenicc@jdalaw.com.au
Kieran Reynolds
Kieran Reynolds
Accredited Criminal Law Specialist – Criminal Defence Lawyer
Kieran joined the JDA family in 2015 having worked at several large Criminal Law firms since 2004. He regularly appears in both the Magistrates Court and County Court in a diverse range of matters. Kieran was admitted as an Accredited Criminal Law Speciality in 2009 and has maintained his Specialist Accreditation every year since. He is committed to ensuring that the rights of his clients are upheld in court.
03 8602 1400 - kieranr@jdalaw.com.au
Brett Barratt
Brett Barratt
Criminal Defence Lawyer - Melbourne
Brett joined the JDA family in 2013 as a law clerk. He has since then worked as a paralegal at our Dandenong office between September 2015 and March 2016. Commencing as a Lawyer at our Frankston office in March 2016. He appears regularly on behalf of clients facing a range of summary and indictable criminal matters in the Magistrates’ Court. Brett also instructs counsel and assists in the preparation and running of complex indictable criminal cases in the County Court.
03 8602 1400 - brettb@jdalaw.com.au
Jackson McLeod
Jackson McLeod
Criminal Defence Lawyer Frankston
Having previously interned at the Victorian Law Reform Commission, JobWatch Victoria and Refugee Legal and the Asylum Seeker Resource Centre, Jackson has dedicated his career to providing access to justice to those who need it most. He regularly appears in the Magistrates’ Court and has instructed in the County Court. Jackson applies his keen attention to detail and broad knowledge of the law to all of his matters, and capably and professionally handles pleas, bail applications and case conferences at the Magistrates’’ Court.
03 9781 4900 - jacksonm@jdalaw.com.au
Bridie O’Malley
Bridie O’Malley
Criminal Defence Lawyer Dandenong
Bridie joined the JDA family in 2014 commencing as a volunteer law student, assisting in the formation of our Intervention Order section. Graduating to become a paralegal at our Dandenong office in 2016 and joining our team of lawyers in 2017.
03 8788 5600 - bridieo@jdalaw.com.au
Sally Abell
Sally Abell
Practice Manager
03 8788 5600 - sallya@jdalaw.com.au
Lucy Mcphail
Lucy Mcphail
Office Manager
03 8788 5600 - lucym@jdalaw.com.au