Domestic & Family Violence Lawyers Melbourne

Family violence is still sadly common and can occur across many relationship dynamics. It frequently occurs in intimate partnerships, such as marriages, de facto relationships and other relationships with a partner or family member. Any family members can be involved in this type of violence- mothers, fathers, siblings, uncles or aunts, grandparents, guardians and foster carers. There are even times when the abuse occurs by a child, in cases of parental and elder abuse.

Many types of abuse can occur, which are defined in the Family Violence Protection Act, including :

• Financial or economic abuse – This is when someone controls finances or is economically abusive towards a family member or partner.
• Physical violence – This includes all forms of physical violence, physical cruelty and physical harm and also considers threats of other particular behaviours.
• Sexual violence – Any sexual abuse, sexual assault, sexual coercion and other inappropriate or unlawful forms of sexually violent crime.
• Emotional, mental, verbal and psychological abuse – Emotionally, mentally, verbally or psychologically abusing a partner or family member can take many forms, including using threats. These types of abuse include coercive control or actions that make another person fear something happening, including harming loved ones, pets or damaging property.

“The Family Law Act of 1975 states that – “Violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful”, is domestic or family violence.

If you are currently experiencing Domestic or Family Violence, we recommend you get in touch for a confidential discussion about your options. We can work with you if you are an affected family member seeking help or a respondent to a Family Violence Intervention Order and handle all matters with sensitivity.

An FVIO is a protective order that is put in place to prevent certain people from attending certain places or engaging in certain types of behaviour. These orders are granted by a court, and are similar to a PSIO (Personal Safety Intervention Order), but apply to members considered part of a family unit or in an intimate or dependent relationship.

The police may grant 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.

These orders are called Interim Orders and have an effect while a Magistrates Court hearing is organised. An Interim Order stays in place until the hearing date. A final order will be made on that day if the court is satisfied it is needed.

A respondent to a PSIO is not facing a criminal charge if an order is granted. Criminal charges can be laid if the order is breached and the respondent is found guilty. If you have an upcoming court date, it’s wise to enlist a lawyer. Pearsons can support you and act on your behalf if you have an upcoming family violence case.

Absolutely. There are legal pathways, including parenting orders, to address it and protect your relationship with your child. Our guide on parental alienation explains your options.

Yes, domestic and Family Violence Offences can be treated as Criminal matters in Australia. A protective intervention order, such as an FVIO, is not a criminal matter, though – it is a civil order that seeks to prevent a person from taking specific actions.

Family violence intervention orders are heard in a Magistrates Court and can result in family violence charges if they are breached. Pleading guilty to a breach in court can result in criminal charges and a criminal record, making the matter a Criminal Law matter.

If you have committed family violence or are facing a family violence charge, it’s important to seek legal advice. Pearson’s Lawyers have extensive experience navigating the intricacies of family violence cases and can ensure you receive the right advice before attending court.

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. We offer a confidential discussion and will handle your matters with sensitivity.

We understand it can be hard to seek assistance in these circumstances and the truly devastating effect Family Violence can have. That’s why it’s necessary to enlist the help of the Domestic Violence Lawyers Melbourne known for their empathetic approach and highly professional approaches to Family and Domestic Violence matters.

If you or someone you care about is in danger and needs immediate help, please contact 000.