Bail Considerations in Family Violence Cases

Bail in family violence cases is typically denied if the accused poses an unacceptable risk to the victim or community, or if they fail to meet strict legal thresholds such as demonstrating 'compelling reasons' or 'exceptional circumstances'. 

Family violence remains a pressing concern in Victoria, prompting significant reforms to bail laws aimed at prioritising community safety and victim protection. For individuals accused of family violence offences, securing bail has become increasingly challenging, especially under the stringent provisions of the Bail Act 1977 (Vic) and recent legislative amendments. 

This article delves into the circumstances under which bail may be granted or denied in family violence matters, the typical conditions imposed, and the implications of remand in such cases. 

The Legal Framework Governing Bail in Family Violence Cases 

In Victoria, bail decisions are primarily governed by the Bail Act 1977 (Vic). Recent reforms have introduced a more rigorous approach, particularly concerning family violence offences. Key considerations include: 

• Community Safety as a Paramount Concern: The Bail Amendment Act 2025 (Vic) emphasises that community safety is the overarching principle in bail decisions, superseding the previous 'last resort' principle for remanding youth offenders . 

• Reverse Onus Provisions: For serious offences, the accused must demonstrate 'compelling reasons' or 'exceptional circumstances' to justify bail, shifting the burden of proof onto the defendant . 

• Unacceptable Risk Test: Bail may be denied if the accused is deemed an unacceptable risk of reoffending, endangering the safety of victims, interfering with witnesses, or failing to appear in court . 

Factors Influencing Bail Decisions in Family Violence Cases 

When determining bail eligibility, courts consider various factors, including: 

• Nature and Severity of the Offence: Serious charges, such as aggravated assault or breaches of intervention orders, weigh heavily against granting bail. 

• History of Violence or Non-Compliance: A record of prior offences or breaches of court orders can indicate a higher risk of reoffending. 

• Victim Safety and Protection: The presence of family violence intervention orders (FVIOs) or safety notices necessitates bail conditions that align with these protections . 

• Availability of measures that reduce the risk of further offender.  In appropriate cases, a bail support program such as the Court Intergrated Services Program (CISP) may be utilised by the Court in deciding whether or not to grant bail.  Additionally, the imposition of conditions on bail such as reporting to a police station, or a curfew, or compliance with the conditions of an active Intervention Order.   

• Accused's Personal Circumstances: Factors such as stable housing, employment, and community ties may influence the court's decision. 

Common Bail Conditions in Domestic Violence Cases

If bail is granted, it often comes with stringent conditions designed to mitigate risks, including: 

• No-Contact Orders: Prohibiting any form of communication with the victim, directly or indirectly. 

• Exclusion Zones: Restricting the accused from entering specific areas, such as the victim's residence or workplace. 

• Curfews and Reporting Requirements: Mandating the accused to remain at a designated address during certain hours and report regularly to a police station. 

• Electronic Monitoring: Utilizing GPS tracking to ensure compliance with movement restrictions . 

• Mandatory Counselling or Treatment Programs: Requiring participation in behavioural change programs or substance abuse treatment. 

Consequences of Breaching Bail Conditions 

Violating bail conditions is a serious offence and can lead to: 

• Revocation of Bail: Immediate remand into custody until the trial concludes. 

• Additional Charges: Facing new charges related to the breach, potentially resulting in harsher penalties. 

• Impact on Future Bail Applications: Demonstrating non-compliance can adversely affect the outcome of subsequent bail requests. 

Understanding Remand in Family Violence Cases 

Remand refers to detaining an accused person in custody while awaiting trial. In family violence cases, remand is more likely when: 

• Bail is Denied: Due to the accused posing an unacceptable risk or failing to meet legal thresholds. 

• Bail Conditions are Breached: Resulting in the revocation of bail and subsequent detention. 

• Inability to Meet Bail Conditions: Such as lack of a suitable surety or stable accommodation. 

Time spent on remand is typically credited towards any custodial sentence imposed upon conviction. 

Recent Legislative Reforms and Their Implications 

The Victorian government's recent amendments to the Bail Act have introduced: 

• Tougher Bail Tests: Elevating certain offences to higher thresholds, requiring 'exceptional circumstances' for bail eligibility . 

• New Offences: Including 'committing an indictable offence while on bail' and 'breaching a condition of bail', each carrying additional penalties. 

• Removal of 'Last Resort' Principle: Allowing for remand without the previous constraint of it being a last resort, particularly for youth offenders. 

These reforms aim to enhance victim protection and community safety but have also sparked debate regarding their impact on marginalised groups . 

Need Legal Assistance? 

Navigating the complexities of bail in family violence cases requires expert legal guidance. If you or someone you know is facing such challenges, it's crucial to seek professional advice promptly. 

Contact Pascoe Criminal Law 

Our experienced team specialises in handling family violence bail matters and can provide the support and representation you need. Reach out to us today to discuss your case and explore your legal options.