How to Defend Against False Allegations of Family Violence

If you’ve been falsely accused of family violence in Victoria, it’s crucial to act quickly, gather evidence, and engage a skilled criminal lawyer. Legal defence strategies include challenging the accuser’s credibility, demonstrating a lack of evidence, and providing proof of your innocence. 

False allegations of family violence can have devastating consequences on a person’s life. In Victoria, being accused of family violence – even when the claim is entirely untrue – can lead to the issuance of an Intervention Order, criminal charges, exclusion from the family home, loss of contact with children, damage to personal relationships, and a permanent criminal record. The emotional and financial toll can be immense. 

If you’ve been falsely accused, it’s essential to know your legal rights and how to mount an effective defence. In this article, we’ll explore how to respond to false domestic violence allegations, what evidence is useful, and the legal defence strategies available to protect yourself under Victorian law. 

Understanding Family Violence Laws in Victoria 

In Victoria, the Family Violence Protection Act 2008 (Vic) defines family violence broadly. It includes not just physical abuse but also emotional, psychological, financial, and sexual abuse, as well as coercive or controlling behaviour. The Act is designed to protect family members, including current or former partners, children, and relatives. 

A person who alleges they are a victim of family violence can apply for a Family Violence Intervention Order (FVIO). These orders can be made on an interim or final basis, often very quickly, and without the alleged perpetrator present (known as an ex parte order). 

However, this system can sometimes be misused. False allegations might arise during highly emotional disputes, such as separations or custody battles, as a way to gain leverage or cause harm. 

Why False Allegations Occur 

There are several motivations behind false claims of family violence:

• Custody or parenting disputes: Allegations may be made to influence family court proceedings. 

• Revenge or spite: A former partner may seek retribution for perceived wrongs. 

• Misunderstanding or exaggeration: Arguments or minor incidents may be blown out of proportion or misrepresented. 

• Mental health or substance abuse issues: These factors can impair a person’s judgment or memory. 

Regardless of the reason, a false allegation is a serious matter. It’s important to act quickly and seek experienced legal advice to protect your reputation and freedom. 

Immediate Steps to Take If Falsely Accused 

Remain Calm and Composed 

Avoid retaliating or confronting the accuser. Any angry response could be used against you in court. 

Obtain Legal Representation 

Engage a family violence offence lawyer experienced in defending family violence charges. They can assess the evidence, explain your options, and represent you in court. 

Comply with Any Orders 

If served with an interim Intervention Order, obey its terms. Breaching the order – even accidentally – can lead to criminal charges, regardless of whether the original allegation was false. 

Gather Evidence 

Start collecting documentation, communications, and witness statements that support your version of events. Your lawyer will guide you on what is most useful. 

Legal Defence Strategies for False Allegations 

Defending yourself against false domestic violence allegations requires a careful, evidence-based approach. Some common legal defence strategies in Victoria include: 

1. Challenging the Credibility of the Accuser 

Your lawyer may question the reliability, truthfulness, or motives of the person making the allegation. This can involve: 

• Highlighting inconsistencies in their statements 

• Presenting evidence of motive (e.g., a custody battle or recent argument) 

• Showing a history of dishonest behaviour or previous false claims 

2. Alibi or Lack of Opportunity 

If you can prove you were not present at the time the alleged incident occurred, or that you couldn’t have acted in the way claimed, this is a strong defence. Phone records, surveillance footage, GPS data, and witness statements can all be used. 

3. Lack of Evidence 

The prosecution must prove the allegations beyond reasonable doubt. If there is insufficient or weak evidence, your lawyer may argue for the case to be withdrawn or dismissed. 

4. Demonstrating Innocent Conduct 

Some actions may have been misinterpreted or exaggerated. For instance, yelling during an argument might be unpleasant but is not necessarily family violence. Context matters – and your lawyer can help frame your actions appropriately. 

5. Using Character Evidence 

In some cases, you may be able to present evidence of your good character, especially if you have no history of violence, a strong community reputation, or have been a devoted parent or partner. 

Role of Evidence in Defending False Allegations 

Evidence is crucial in these matters. The following types of evidence may assist in disproving the allegation: 

• Text messages, emails, or social media conversations showing the nature of your relationship or contradicting the claims 

• Phone records or GPS data to establish your location 

• Witness statements from friends, family, neighbours, or colleagues who can verify your version of events 

• CCTV footage or other video recordings 

• Medical reports (e.g., if you suffered injuries yourself during a confrontation) 

• Character references from respected community members 

It’s vital to preserve this evidence early. Do not delete messages or tamper with devices, as this may raise suspicion or result in additional charges. 

Responding to a Family Violence Intervention Order 

In Victoria, you will be served with an Application for a Family Violence Intervention Order if someone makes a complaint. If it’s an interim order, you may be excluded from your home or prohibited from contacting the other person or your children. 

At the first court hearing, you have several options: 

• Consent without admissions: You can agree to the order without admitting to the allegations. 

• Oppose the order: This will result in a contested hearing where both sides present evidence. 

• Seek a variation: You may request changes to the conditions to allow limited contact or visitation with children. 

It’s essential to weigh the consequences of each option. A final order, even without a criminal conviction, can have long-term effects on your employment, travel, and family law matters. 

Criminal Charges and Court Proceedings 

Sometimes, false allegations result in criminal charges, such as assault or breaching an Intervention Order. These are serious matters that require robust legal defence. 

If charged, you will appear in the Magistrates’ Court of Victoria. Your lawyer will help you plead not guilty, challenge the evidence, and cross-examine the accuser. If the prosecution cannot prove its case beyond reasonable doubt, the court should acquit you. 

Consequences of False Allegations 

While the focus is rightly on protecting genuine victims, the legal system also recognises the harm caused by false reports. Making a false statement to police is a criminal offence under section 314 of the Crimes Act 1958 (Vic), punishable by up to five years in prison.

In some cases, the falsely accused person may be able to pursue civil action for defamation or malicious prosecution, although these are complex areas and require specialist legal advice. 

Protecting Yourself in the Future 

If you’ve been the target of a false claim, take steps to safeguard yourself: 

• Maintain records of communications with your ex-partner or other individuals involved 

• Communicate in writing where possible 

• Avoid being alone with the accuser if there's risk of further claims 

• Consider mediation or counselling for ongoing parenting issues 

Your lawyer can also help you understand whether it's appropriate to seek your own Intervention Order for protection, or to apply for parenting orders in the Family Court to safeguard your relationship with your children. 

Get Expert Help to Defend Yourself 

Being falsely accused of family violence is incredibly stressful and can feel overwhelming. But you don’t have to face it alone. At Pascoe Criminal Law, we have extensive experience in defending family violence charges and protecting the rights of the wrongly accused. 

If you or someone you know is facing false domestic violence allegations, don’t wait. Contact Pascoe Criminal Law today for expert legal advice and strong representation.