Your Rights When Responding to Family Violence Accusations

Facing family violence allegations in Victoria can be overwhelming, but you have legal rights and options to defend yourself. Learn how to navigate intervention orders, protect your interests, and respond effectively to accusations under Victorian law. 

Family violence accusations are serious and can have far-reaching consequences. In Victoria, being accused of family violence can impact not only your criminal record but also your relationships, living arrangements, and employment.

It is essential to understand your rights and obligations if you find yourself in this difficult position. This guide provides a clear outline of how to respond effectively to such allegations, focusing on Victorian law. 

Understanding Family Violence in Victoria 

Under the Family Violence Protection Act 2008 (Vic), family violence includes not only physical abuse but also emotional or psychological abuse, economic abuse, and any behaviour that coerces or controls a family member or causes them to feel fear for their safety. It applies to partners, children, relatives, and even carers. 

Examples include: 

• Hitting, slapping, or other physical harm 

• Threats of harm 

• Verbal abuse and humiliation 

• Controlling finances 

• Preventing contact with friends or family 

• Stalking or monitoring someone’s activities 

• Coercive control 

Even if you believe the behaviour wasn’t harmful or abusive, it may still be legally defined as family violence. This makes it crucial to seek legal advice early. 

Responding to Family Violence Claims 

If you are accused of family violence, it is vital not to panic or act impulsively. Here are key steps you should take: 

1. Do Not Breach Any Intervention Orders 

If a Family Violence Intervention Order (FVIO) is made against you, or if a temporary order (interim FVIO) is issued, follow it strictly. Breaching the order is a criminal offence and can lead to arrest, fines, or imprisonment. 

Common breaches include: 

• Attempting to contact the protected person 

• Visiting a location you are barred from (like the family home) 

• Sending messages through friends or family 

Even if the protected person initiates contact, you must comply with the order until it is revoked or varied by a court. 

2. Engage a Criminal Defence Lawyer Immediately 

One of the most important steps in mounting a domestic violence defence is seeking expert legal advice from a family violence offence lawyer who can:

• Advise you on your rights 

• Represent you in court 

• Help you prepare evidence to defend the allegations 

• Assist in negotiating with police or the protected person’s lawyer 

This is critical as early intervention can often make a significant difference to the outcome. 

3. Gather Evidence 

Document any relevant information that may help your case. This could include: 

• Text messages, emails, or social media posts 

• Photographs 

• Witness statements 

• Medical reports (if applicable) 

A strong evidentiary base is essential in disputing allegations, especially where there are no independent witnesses. 

4. Do Not Discuss the Case with the Accuser 

Regardless of your emotions or intentions, do not contact the person making the accusation. This can be misinterpreted and may lead to further allegations or charges. Communicate only through your lawyer or via the court. 

5. Understand the Court Process 

Responding to family violence claims typically involves court proceedings. In Victoria, the Magistrates' Court deals with most FVIO matters. 

The process generally involves: 

• Mention Hearing: Your first court date. You can agree or contest the order. 

• Interim Order: A temporary order may be in place until the final decision. 

• Directions Hearing: The court may set timelines for submissions and evidence. 

• Contested Hearing: If the matter proceeds, both parties present evidence and cross-examine witnesses. 

Your lawyer will help you navigate each stage and ensure your rights are protected. 

Accused Person’s Rights 

When facing allegations of family violence, you have several legal rights, including: 

1. The Right to Silence 

You are not required to answer police questions (except for providing your name and address). Anything you say can be used in evidence, so it is usually best to remain silent until you have legal advice. 

2. The Right to Legal Representation 

You are entitled to have a lawyer present during any police interviews and in court. Representation helps protect your interests and ensures fair treatment. 

3. The Right to a Fair Hearing 

You have the right to contest the allegations in court and to present evidence in your defence. The burden is on the applicant (usually the alleged victim or police) to prove the need for a final order. 

4. The Right to Challenge an Intervention Order 

If an interim or final FVIO is made, you can apply to vary or revoke it if circumstances change. This is particularly important if the order affects your access to children or property. 

Common Misconceptions 

Many accused persons believe that if they didn’t cause physical harm, they cannot be found guilty of family violence. This is false. Psychological abuse and coercive control are equally serious under Victorian law. 

Others believe that if the accuser drops the complaint, the matter ends. However, in many cases, especially those initiated by police, the prosecution can proceed regardless of the alleged victim’s wishes. 

Impact on Parenting and Family Court 

Family violence accusations can affect parenting arrangements and custody. The Family Court may consider any FVIOs or allegations when determining what is in the best interests of the child. If you are involved in parenting proceedings, it is essential to disclose any family violence matters and seek legal advice to manage the overlap between criminal and family law. 

Domestic Violence Defence Strategies 

Depending on the circumstances, your lawyer may use various strategies to defend against allegations, including: 

• Arguing that the behaviour does not constitute family violence 

• Providing an alibi or evidence contradicting the claims 

• Showing the accusation was made maliciously or without basis 

• Challenging the credibility of the accuser 

These strategies require detailed preparation and a thorough understanding of the law and evidence. 

The Importance of Early Legal Advice 

Responding effectively to family violence accusations depends on how quickly and competently you act. The earlier you seek legal advice, the better your chances of minimising harm to your reputation, freedom, and family life. 

Legal professionals can often negotiate outcomes such as: 

• Undertakings (promises to the court without admissions) 

• Withdrawal of applications 

• Consent orders with no findings of guilt 

Each case is unique, so personalised advice is essential. 

Need Legal Help Responding to Family Violence Claims? 

If you or someone you know is facing family violence allegations, time is of the essence. At Pascoe Criminal Law, we specialise in defending those accused of family violence and ensuring their rights are upheld.

Whether you're looking for a strong domestic violence defence or want clear guidance on how to protect yourself legally, our experienced team is here to help. 

Contact Pascoe Criminal Law today for confidential, expert advice on your rights and defence options.