Understanding Technology-Facilitated Family Violence

Technology-facilitated family violence involves the misuse of digital tools such as smartphones, social media, and tracking apps to harass, control, or intimidate a partner or family member. In Victoria, this conduct can lead to serious criminal charges, and those accused must understand their legal rights and options under state law. 

With the rapid rise of digital technology, interactions between partners or ex-partners increasingly take place online. Allegations of tech-based domestic abuse or cyber family violence can now form the basis for intervention orders or criminal charges in Victorian courts.

For individuals accused of such behaviour, the consequences can be life-altering—impacting employment, parental rights, and freedom. 

This article outlines how technology-facilitated family violence is defined in Victoria, what kinds of behaviours are commonly alleged, how the legal system responds, and how a criminal defence lawyer can assist those facing accusations in this complex area of law. 

What Is Technology-Facilitated Family Violence? 

Technology-facilitated family violence refers to alleged behaviours where digital platforms or devices are used to exert control, instil fear, or cause harm to a current or former family member.

These claims often arise in the context of personal relationship breakdowns, disputes over child contact, or retaliatory accusations following separation. 

From a defence perspective, it's critical to note that not all digital communication amounts to criminal conduct. In many cases, what is presented as abuse may have alternative explanations or lack the intent required to establish guilt. 

Common Allegations Include: 

• Digital stalking (Australia-wide): Claims of monitoring someone’s location through apps or devices without consent. 

• Threatening or abusive messages: Accusations of sending intimidating or harassing content via SMS, email, or social media. 

• Impersonation: Allegedly creating fake profiles or accessing another person’s account. 

• Distribution of intimate images: Often referred to as "revenge porn," this includes accusations of sharing or threatening to share private images without consent. 

• Controlling online access: Claims of locking someone out of shared accounts or devices. 

For accused individuals, these allegations can feel sudden, unfair, and overwhelming—especially when paired with an application for a Family Violence Intervention Order (FVIO) or criminal charges. 

How Does Victorian Law Address Tech-Based Abuse? 

Under the Family Violence Protection Act 2008 (Vic), the definition of family violence includes behaviours that are coercive, threatening, or controlling—and this extends to digital communications. When technology is used to carry out such behaviour, courts may classify it as family violence and take appropriate action. 

Family Violence Intervention Orders (FVIOs) 

These civil orders can be made quickly, often on an interim basis and without the respondent being present. Common conditions include: 

• No electronic communication (texts, emails, social media) 

• No publishing or sharing of content relating to the alleged victim 

• No use of tracking devices or apps 

A breach of these orders is a criminal offence and can lead to arrest, bail restrictions, and even imprisonment. This means someone who sent a message they believed to be harmless could find themselves facing serious legal consequences. 

Criminal Charges 

In some cases, the police may lay charges in addition to, or instead of, applying for an intervention order. Relevant offences under Victorian and Commonwealth legislation include: 

• Stalking under section 21A of the Crimes Act 1958 (Vic), which can involve repeated digital contact. 

• Threats to kill or cause serious harm via electronic means. 

• Unauthorised access to data or online accounts. 

• Distribution of intimate images without consent under the Crimes Amendment (Sexual Offences and Other Matters) Act 2014. 

• Use of a carriage service to menace, harass or offend under section 474.17 of the Criminal Code Act 1995 (Cth). 

The penalties for these offences can include significant fines, community correction orders, or imprisonment—depending on the nature of the conduct and the presence of prior convictions. 

Challenges in Defending These Cases 

Defending allegations of technology-facilitated family violence requires a nuanced understanding of both the criminal law and the digital evidence involved. These cases often hinge on: 

• Context and intent: The same message can be interpreted differently depending on tone, timing, and prior communication history. 

• Authentication: Is the alleged message genuine? Who sent it? Has it been altered? 

• Access and control: Were multiple people using the same device or account? 

• Complainant motivations: Are the allegations genuine, or part of a broader custody or property dispute? 

A skilled criminal defence lawyer will scrutinise every detail—from metadata and timestamps to the reliability of screenshots and app records. Importantly, many tech-based allegations are made during highly emotional periods such as separation or child custody battles, which can colour the evidence. 

How a Criminal Defence Lawyer Can Help 

If you are facing allegations of cyber family violence in Victoria, early legal advice is essential. A criminal defence lawyer can: 

• Advise on FVIO proceedings: Help you understand the implications of interim orders and prepare for a contest hearing. 

• Challenge the admissibility of digital evidence: Examine how the evidence was collected and whether it meets legal standards. 

• Negotiate conditions or withdrawal: Where appropriate, seek undertakings or modifications to orders to protect your rights. 

• Defend criminal charges: Argue lack of intent, context, or identity where the prosecution cannot prove the offence beyond reasonable doubt. 

At Pascoe Criminal Law, we regularly represent clients accused of family violence offences, including those involving technology. We understand how damaging an untested allegation can be and work to ensure that your side of the story is properly heard. 

What To Do If You’ve Been Accused 

Being accused of tech-based domestic abuse can feel like your life is unravelling. If you’re served with an intervention order or charged with an offence, it’s crucial not to panic—but also not to ignore it. Follow these steps: 

1. Do not contact the complainant: Even if the allegations are false or exaggerated, contacting them could breach a court order. 

2. Preserve your own digital records: Save texts, emails, and app logs that may help your defence. 

3. Comply with any interim orders: Avoid further complications or breaches. 

4. Seek immediate legal advice: A lawyer can help you understand your position and prepare a strategy. 

Remember, intervention orders are civil in nature, but breaching one becomes a criminal matter—making it even more important to take allegations seriously from the outset. 

Why Digital Family Violence Is a Legal Grey Area 

The growing use of technology in relationships means the law is still catching up in some areas. Courts and police may interpret behaviour differently depending on the context. For example: 

• Checking in on a partner’s location may be seen as either caring or controlling. 

• Sending repeated messages could be persistence—or harassment. 

• Sharing photos might be seen as innocent—or part of a coercive pattern. 

These grey areas make it vital for accused individuals to have proper representation. The consequences of a conviction or even an adverse finding in an FVIO hearing can be significant—impacting your employment, travel, and future legal proceedings such as custody disputes. 

Accused of Technology-Facilitated Family Violence? Know Your Rights. 

Being accused of technology-facilitated family violence can have serious legal and personal consequences, but a strong defence is possible. With experienced legal representation, you can challenge allegations, present your side of the story, and work towards a just outcome. 

Contact Pascoe Criminal Law Today

If you are facing accusations of digital stalking in Australia or tech-based family violence, don’t face it alone. Our defence lawyers understand the complexities of digital evidence and family violence law in Victoria. We will defend your rights and protect your future—confidentially and without judgment.