Family Violence
Family Violence Lawyers in Melbourne
When the Police investigate allegations of violence committed between family members, two different, but related, proceedings usually arise.
Firstly, the Police will likely seek to prevent further family violence occurring by issuing a ‘Family Violence Safety Notice’ (FVSN) which usually prohibits the offending party from contacting the affected family member, and if they reside together, prohibiting them from remaining at the address. This step is a prelude to an Application for a Family Violence Intervention Order made by the Magistrates’ Court, which will be sought.
For the purpose of a FVSN and Family Violence Intervention Order, family members include:
- (i) a current or former spouse or domestic partner,
- (ii) a current or former intimate (not necessarily sexual) partner,
- (iii) a relative,
- (iv) a child who normally resides with the person, or the child of a current or former intimate partner,
- (v) Any other relationship which could be regarded as a family member in all the circumstances, including social ties, living arrangements, cultural relationships, dependency, and provision of care.
The breach of an Intervention Order is a criminal offence. For the purpose of a FVSN and Family Violence Intervention Order, family violence is defined as behaviour that:
- (i) is physically or sexually abusive; or
- (ii) is emotionally or psychologically abusive; or
- (iii) is economically abusive; or
- (iv) is threatening or coercive; or
- (v) controls or dominates and causes the family member to feel fear for their safety or wellbeing; or
- (vi) causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to above.
Secondly, the Police may conduct a criminal investigation of the same conduct with a view to issuing criminal charges against the offending party. The offences themselves do not specifically refer to family violence; they are the same that would be used if the parties were strangers. They may include:
- (i) Unlawful assault;
- (ii) Intentionally or recklessly causing injury;
- (iii) Threatening to cause serious injury or kill;
- (iv) Using a carriage service (eg phone or email) to harass;
- (v) Sexual assault or rape;
- (vi) Stalking
- (vii) Threat to distribute intimate image (revenge porn);
- (viii) Theft;
- (ix) Criminal damage;
- (x) False imprisonment;
It is common to have both an Application for an Intervention Order and Criminal charges listed at Court which arise from the same incident.
Anthony Isaacs Experience in this Space
Victoria Police and the Judicial System are doing more than ever before to address the prevalence of family violence. Police are armed with powers to swiftly initiate action against alleged offenders which, whilst understandable and justified, can cause the splitting of families for extended periods of time base on untested reports, sometimes made by third parties.
These matters can be very difficult to navigate, particularly when the affected family member does not want the alleged offending party to be charged with criminal offences or have an intervention Order in place which prohibits them from being at the family home. Even in these circumstances, the Court has a power to make an Intervention Order, albeit in limited terms.
Anthony Isaacs Criminal Lawyers have the specialist experience to explain the various pathways through family violence proceedings, give advice which leaves you in the best possible position when facing such allegations, and act on your behalf at Court.
What Should I Do if Accused?
Often, the first time an accused becomes aware of a criminal investigation is when the Informant makes contact to request they participate in a record of interview. As above, it is crucial to receive expert advice at this point, as the answers in the interview will likely be relied upon as evidence and can determine what course the investigation and court proceedings take.
For example, if an accused seeks to rely on ‘self-defence’ in relation to an allegation of recklessly causing injury, and Accredited Specialist may identify that it is not reasonable in all the circumstances and advise the person to answer “no comment” to the questions of the Informant and avoid a problematic interview becoming evidence against them. Conversely, they may advise an accused being interviewed in relation to a rape allegation to answer all the questions and give their version of events, despite the embarrassment and awkwardness of doing so, potentially leading to the non-authorisation of charges.
If you have already participated in a record of interview and have a Court date, you should contact a Criminal Law Accredited Specialist to read the brief of evidence and advise on the strength of the case, any potential defences, possible sentences etc. You can do this at any stage.
Costs and Fees
The costs involved for legal representation will depend greatly on (i) which jurisdiction the matter is being heard (eg Magistrates’, County or Supreme Court) and (ii) whether the matter is being contested (Contested hearings or Trials are far more expensive than pleas of guilty).
Another factor is whether we engage a barrister to appear at any stage of the matter, commonly for a Contested Hearing or Trial. Barrister’s usually charge a daily fee, and might charge anywhere between $1,000 to $11,000 per day depending on the level of experience required.
All solicitors are required to provide a ‘Cost Agreement’ which sets out the fees they intend to charge. Make sure you receive one.
By way of estimate, examples fees ranged (as an ‘all in’ figure) are as follows:
- Magistrates’ Court Plea: $2,200 – $5,500
- Magistrates’ Court Contested Hearing: $16,500 – $27,500
- Magistrates’ Court Bail Application: $3,300+
- County / Supreme Court Plea: $6,600 – $16,500
- County / Supreme Court Trial: $55,000 +
- County / Supreme Court Bail: $16,500 – $27,500
Every case is different, as are people’s financial circumstances, and we understand that these sums can be difficult to meet all at once. For that reason, we are happy to discuss payment plans and stage payments. For further information on the family violence legal process visit our accompanying page.
