Family & Domestic Violence Lawyers Melbourne

If you are experiencing family violence from a partner or family member or responding to family violence orders or charges, getting the right advice and support is crucial. Your matter will be treated as confidential, subject to limited legal and professional exceptions, and we will approach your matter with professionalism and sensitivity. We understand that privacy and safety can be especially important in family violence matters and can explain how your information will be handled before you provide sensitive details.

We understand it can be hard to seek assistance in these circumstances and the truly devastating effect family violence can have. Our Melbourne team of Domestic Violence Lawyers are known for their skilled and empathetic approach, and will ensure you receive the legal support required to address your situation.

Domestic and family violence is behaviour by one person that controls, coerces, threatens or causes someone else to fear for their safety and wellbeing. It can occur in intimate partner relationships or between family members, and is not at all limited to sexual or physical violence. In Victoria, family violence is defined under section 5 of the Family Violence Protection Act 2008 (Vic), which governs Family Violence Intervention Orders. It is also outlined in section 4AB of the Family Law Act 1975 (Cth) which applies to parenting and family law matters. 

It can be, yes. The laws around domestic and family violence cross civil matters, family law matters, and in serious cases, criminal matters. Laws also vary by state. When an Intervention Order is placed, it is a civil protective order. Civil law covers disputes between two people, and orders made under civil law are not a criminal matter unless they are breached. Civil orders can affect family law matters. 

Breaches of intervention orders are a criminal offence. Assault and similar offences directed at another person are also criminal offences. Breaches can be treated very seriously, with a range of penalties, including travel restrictions, visa issues, employment issues, large fines and imprisonment. 

In Victoria, an FVIO is an intervention order which is put in place to prevent one person from causing harm to another person, which is decided in the Magistrates Court. There are two types of intervention orders (IVO) in Victoria, which are Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIO). FVIOs are for people in intimate relationships (or formerly in one), family members and dependants, and PSIOs are used when there is less of a personal relationship, such as with colleagues, neighbours or strangers. These orders are known by multiple names in Australia, including state names and common names in Australia, including intervention order, ‘restraining order’, AVO, DVO, IVO or a protection order - but all serve similar purposes. 

They have strict conditions that restrict the person named from abusive or harmful behaviour, restrict contact and third party contact, restrict location and proximity to the protected person/s, as well as stalking, following, tracking or tracing. Weapons restrictions are also put into place for people with gun licences. The police may apply for them on behalf of an affected person or persons. This can happen for instance, if the police attend a home and feel that the circumstances indicate a reasonable need for one party to be protected from another.

In most cases yes, although you will need to speak to a Criminal Lawyer if your matter has moved to criminal charges or a breach of an FVIO. If you have been accused of family violence it’s essential to get legal advice early, especially if an application has been made for a FVIO and/or you have parenting or property matters to address. Our Family and Domestic Violence Lawyers can advise and represent you with regards to intervention orders, parenting matters and related family law matters. We provide advice and representation without judgement, ensuring you understand your rights, responsibilities and options.

Family violence is a significant consideration when it comes to parenting matters (formerly known as child custody). The Court is focused on what is in a child’s best interests, and keeping them safe from harm.  Allegations of family violence will be assessed, and evidence of family violence may affect decision-making arrangements, communication between parents, changeovers and the time a child spends with each parent. If you have a FVIO and parenting orders in place, it’s important to get legal advice to ensure that any overlap of the orders does not cause further legal issues.

Family violence can affect property settlements when it has affected someone’s ability to contribute, their financial circumstances or ability to work and earn money. It’s now a consideration under section 79(4)(ca) for married couples, and 90SM(4)(ca) for de facto couples in the Family Law Act 1975 (Cth).  The relevance and weight of family violence will depend on the evidence and circumstances of the case. You can find out more about this in our recent article ‘How domestic violence affects property settlements’, or by speaking with our Melbourne team for advice relative to your situation.

Your first appointment with Pearsons Lawyers is a free, confidential opportunity to discuss your circumstances with an experienced Domestic and Family Violence Lawyer. We’ll listen to your concerns, help you to address any immediate issues and understand the next steps of the legal process. There is no obligation to proceed, and you will leave with further clarity about your situation.

It’s important to choose a lawyer who you feel comfortable with, and someone who understands both the legal and emotional aspects of family violence matters. Look for someone with experience in ‘high-conflict’ separation matters, difficult relationship dynamics, intervention orders, parenting disputes and related family law issues. You can ask others for recommendations, or speak to a specialist family violence service, read reviews and have a direct chat to see if you feel they can meet your requirements.

It depends on the type of domestic or family violence matter you are dealing with. An FVIO application will be heard at the Magistrate’s Court, but not every matter moves to a hearing. If a hearing is required, you may be able to attend remotely if you have safety concerns. Many family law matters such as parenting and property can be resolved out of court, through negotiation, FDR, mediation or consent orders, but may require a court proceedings, and very occasionally may result in a trial. If criminal charges are laid related to family violence they will be dealt with through the criminal court process.