Facing A Domestic Violence Charge? Speak To Our Experienced Defence Lawyers Today
From the moment police are called to a family violence incident, the legal process begins, and it doesn’t slow down. Police can issue a Family Violence Safety Notice before you even leave the scene, putting immediate conditions in place until a court deals with the matter. Charges can be laid regardless of what either party wants. A court date follows quickly.
Josh Smith Legal defends people charged with family violence offences across Victoria. We help you understand what’s happening, protect your rights, and achieve the best possible outcome.
Victoria Police decides whether charges will be laid based on the available evidence. Charges may proceed even where the affected family member does not want the alleged offender charged, or no longer wishes to support the prosecution. If police have attended the scene, get legal advice immediately.
What Counts As Family Violence In Victoria?
Family violence is defined broadly in Victoria, and covers considerably more than physical harm:
- Physical abuse
- Sexual abuse
- Emotional and psychological abuse, including threats, intimidation and coercive control
- Economic abuse, such as controlling access to finances
- Damage to property
- Threats against children or animals
- Stalking and harassment
Charges And Penalties
| Offence | Maximum penalty (Victoria) |
|---|---|
| Common assault under the Summary Offences Act | Up to 3 months imprisonment |
| Common-law assault | Up to 5 years imprisonment |
| Recklessly cause injury | Up to 5 years imprisonment |
| Intentionally cause injury | Up to 10 years imprisonment |
| Stalking | Up to 10 years imprisonment |
| Threatening to kill | Up to 10 years imprisonment |
| Breach of a family violence intervention order | Up to 2 years imprisonment |
| Persistent breach of a family violence intervention order | Up to 5 years imprisonment |
| Criminal damage to property | Up to 10 years imprisonment |
| False imprisonment | Up to 10 years imprisonment |
For the persistent-breach charge, police have to prove extra things on top of the breaches. More than one breach on its own is not enough. The order and breach offences sit in the Family Violence Protection Act 2008; the assault and injury offences sit in the Crimes Act 1958.
Charged After A Family Violence Incident?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Contesting The Charges
Being charged does not mean you are guilty. Family violence situations are often complicated by relationship dynamics, high emotions, and in some cases false or exaggerated allegations.
- The allegation is false or substantially exaggerated
- You acted in self-defence
- The conduct alleged doesn’t meet the threshold for the charge as laid
- The complainant’s account is inconsistent and can be challenged
Even where the charge cannot be contested, strong mitigating submissions can lead to alternatives to conviction, reduced sentences, and more limited intervention order conditions. Where an order has also been made, see our intervention order lawyers. Where the charge is an assault, the elements and penalties are the same as in any other assault matter.
Act Quickly
Getting legal advice before your first court date is critical. That first appearance sets the direction of your entire matter, including what happens with any intervention order.
Call Josh Smith Legal immediately on 03 8658 5872. We’re available 24/7.
Why Choose Josh Smith Legal?
We defend people charged with family violence offences without judgment and with a clear strategy. Here’s what sets us apart.
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Experienced In Family Violence Defence, Without Judgment
We’ve defended clients across the full range of family violence offending, from minor assault allegations through to serious charges involving stalking and order breaches. We approach every matter without judgment and with a clear, practical strategy.
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We Handle Both The Charge And The Intervention Order
Family violence charges and intervention orders run alongside each other in court. We handle both simultaneously, so your approach to the order doesn’t undermine your criminal defence, or the other way around. Our 4.9-star rating from over 200 Google reviews.
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We’re Available When You Need Us Most
24/7, 365 days a year. Family violence charges often arise at night or on weekends. We’re available around the clock so you can get advice before making any decision that could affect your case.
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We Think About What Happens After
A family violence conviction can affect your housing, your employment, your access to your children, and background checks such as a Working With Children Check. We build submissions that address those consequences directly.
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Free Case Evaluation
Call us and we’ll explain exactly where you stand, what the charges mean, what happens with the intervention order, and what your realistic options are. No judgment. No legal jargon. No obligation.
Not Sure What You’re Allowed To Do?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Charged With A Family Violence Offence? Let Us Help You Get The Best Possible Outcome
Family violence charges in Victoria carry serious penalties and can affect your access to your home, your children, and your future. The outcome depends on how well your case is handled from the very first court date.
We defend people charged with family violence offences across Victoria, without judgment, with experience, and with a genuine commitment to achieving the best possible outcome.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Can I contact my partner after a family violence safety notice?
Only if the notice or order specifically permits it. Do not make any contact by phone, text, social media, or through a third party, unless your lawyer confirms it is allowed. A breach is a criminal offence regardless of who initiated the contact.
My partner wants to drop the charges. Can they?
No. Once police have charged someone with a family violence offence it is the state that prosecutes, not the complainant. They can tell the prosecution they don’t wish to proceed, which may influence the decision, but the charge remains unless police choose to withdraw it.
Will a conviction affect my Working With Children Check?
Potentially yes. Criminal convictions, intervention order information and other relevant conduct can all be considered in a Working With Children Check, and may affect whether a clearance is granted. We factor this into sentencing submissions.
What is a family violence safety notice?
A notice issued by police at the scene that imposes immediate conditions straight away. It operates until the intervention order application is dealt with by a court, usually at the first court date.
This page is general information about family violence law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
