When Family and Criminal Law Collide in Domestic Violence Cases

If you’ve been accused of family violence in Victoria, you may face both criminal charges and family law proceedings, including parenting disputes. Understanding how these legal areas intersect is crucial to protecting your rights and freedoms. 

Allegations of domestic or family violence don’t just carry criminal consequences—they often lead to complex and emotionally charged disputes in the family law system. You may be dealing with police charges, bail conditions, intervention orders, and restrictions on seeing your children, all at once. 

In Victoria, family and criminal law often collide in domestic violence matters, creating legal challenges that can significantly impact your liberty, your relationships, and your future. As criminal defence lawyers, we understand how vital it is to handle these matters strategically and with an eye to how each system affects the other. 

The Legal Overlap: Criminal and Family Law in Domestic Violence Cases 

The family and criminal law crossover occurs when a single allegation—such as an assault on a partner—triggers both criminal proceedings and family court actions. While these are separate legal jurisdictions, the facts are often the same, and outcomes in one court can affect the other. 

For example, a person charged with recklessly causing injury may also be facing an application in the Family Court for an Intervention Order or restrictions on parenting time. In such cases, how the criminal matter is handled can directly affect parenting rights, bail conditions, and long-term custody arrangements. 

The Criminal Side: Understanding the Charges 

Family violence allegations commonly lead to criminal charges under Victorian law. These may include: 

• Common assault (s.23 Crimes Act 1958) 

• Recklessly or intentionally causing injury (s.18 and s.17) 

• Threats to kill or cause serious harm 

• Property damage (criminal damage or wilful damage) 

• Breaching an Intervention Order (a separate offence under the Family Violence Protection Act 2008) 

Conviction for any of these offences can result in penalties ranging from fines and community corrections to significant jail time. Importantly, the mere laying of charges can have immediate consequences—including restrictive bail conditions, damage to reputation, and limited access to children. 

A criminal defence lawyer plays a key role in challenging evidence, negotiating outcomes, and mitigating the impact of these proceedings on both your legal record and your family life. 

The Role of Family Violence Intervention Orders (FVIOs) 

FVIOs are often the first legal step taken in a domestic dispute. These civil orders are made by the Magistrates’ Court of Victoria and can include strict conditions such as: 

• No contact with the alleged victim or children 

• Exclusion from the family home 

• Restrictions on attending certain places 

While not a criminal conviction themselves, breaching an FVIO is a criminal offence and frequently results in further charges. 

From a defence perspective, it is critical to understand the legal process surrounding FVIOs, especially if a contested hearing is required. The outcome of an FVIO can also influence how a criminal court or family court views the alleged conduct, making it a high-stakes proceeding. 

How Criminal Allegations Affect Parenting and Custody 

When domestic violence allegations are raised, they often coincide with domestic violence custody issues, particularly during separation or divorce. 

Under the Family Law Act 1975 (Cth), courts must prioritise the safety of children. If family violence is alleged, the court may: 

• Suspend or limit parenting time 

• Order supervised contact 

• Grant sole parental responsibility to the non-accused parent 

Even interim orders made before a full hearing can drastically limit contact with your children for extended periods. 

It’s important to remember that allegations alone—without a finding of guilt—can still affect your family law outcomes. That’s why a strong criminal defence strategy coupled with appropriate advice from a Family Law solicitor is essential. The way your matter is handled in the Magistrates’ Court can shape your standing in the family law system. 

Defending Against Family Violence Allegations 

Being accused of family violence can feel overwhelming. However, not all allegations are accurate, and not all charges are supported by solid evidence. 

As experienced criminal defence lawyers, we focus on: 

• Scrutinising the evidence: We examine inconsistencies in witness statements, lack of corroboration, or procedural flaws in how police handled the case. 

• Challenging the necessity of an FVIO: We argue against orders that are overly broad, unnecessary, or based on weak grounds. 

• Managing bail and access conditions: We seek conditions that allow for reasonable contact with children and minimise disruption to your daily life. 

• Protecting your rights in parallel proceedings: We coordinate closely with family law solicitors (if applicable) to ensure your criminal matter doesn’t unduly prejudice you in parenting disputes. 

In many cases, charges are withdrawn, dismissed, or resolved through diversion or undertakings—particularly where evidence is lacking or where relationships are ongoing. 

What If Family Law Proceedings Have Already Started? 

If you're already involved in a family law case—such as a parenting or property dispute—a criminal charge can dramatically alter the balance of the case.   

It is vital to engage a criminal defence lawyer who understands how the commencement of criminal proceedings, can impact family law processes —and how to respond in a way that safeguards your legal position. Our job is not only to defend the charges but to help minimise the fallout across all related legal matters. 

How We Help 

At Pascoe Criminal Law, we provide clear, assertive defence for people facing domestic violence allegations. We: 

• Appear in the Magistrates’ Court of Victoria and other courts across the state 

• Defend your charges with evidence-based legal strategies 

• Provide representation to respond to intervention order applications related to criminal allegations brought by the police 

• Work with family law experts to provide holistic legal support 

Whether it’s your first time in court or you’re facing multiple charges, we’re here to help you through every step of the process. 

Don’t Let Allegations Define You 

Domestic violence charges can upend your life—but they do not have to define your future. The legal system in Victoria provides you with the right to defend yourself, challenge false allegations, and seek fair treatment in both criminal and family law proceedings. 

With experienced legal support, it’s possible to protect your freedom, your relationships, and your future. 

Get Expert Legal Defence Today 

If you're facing criminal charges or Intervention Orders related to domestic violence, act quickly. 

Contact Pascoe Criminal Law Now 

We specialise in family and criminal law crossover matters and offer strategic defence for those accused of family violence in Victoria. Let us help you protect your rights and navigate both the criminal and family law systems with confidence. 

Call Pascoe Criminal Law for a confidential consultation and get the expert defence you deserve.