Can Criminal Charges Be Laid as Well?
If you are asking can criminal charges be laid as well, the answer is yes. In Victoria, the same incident can result in both an Intervention Order application and criminal charges. Although they often arise from the same allegations, they are separate legal proceedings with different purposes, different legal tests and different outcomes.
For example, police may apply for a Family Violence Intervention Order to protect an affected family member while also charging the respondent with offences such as assault, criminal damage or stalking. One proceeding does not automatically determine the outcome of the other.
At Wilkinson Lawyers, we regularly represent clients throughout Ballarat, Melbourne and regional Victoria in both criminal proceedings and Intervention Order matters. We understand how these cases interact and can provide advice on both matters at the same time.
Are Criminal Charges and Intervention Orders Different?
Yes.
An Intervention Order is a civil proceeding designed to protect a person from future family violence or prohibited behaviour.
Criminal charges, on the other hand, are brought when police believe a criminal offence has been committed. If the prosecution proves the charge beyond reasonable doubt, the accused may be convicted and sentenced by the court.
Because they are separate proceedings, it is possible for:
an Intervention Order to be made without any criminal charges;
criminal charges to be laid without an Intervention Order; or
both matters to proceed at the same time.
What Criminal Charges Might Be Laid?
The charges depend on the circumstances of the alleged incident.
Common criminal offences arising from family violence allegations include:
assault;
intentionally causing injury;
recklessly causing injury;
unlawful assault;
criminal damage;
stalking;
making threats to kill;
making threats to inflict serious injury;
unlawful imprisonment;
strangulation; and
breaching an Intervention Order.
Every case is different, and police will decide which charges, if any, are appropriate based on the available evidence.
Can Police Apply for an Intervention Order Without Laying Charges?
Yes.
Police may decide that there is insufficient evidence to prosecute a criminal offence but still believe that an Intervention Order is necessary to protect the affected family member.
Because the purpose of an Intervention Order is preventative rather than punitive, the court applies a different legal test to determine whether an order should be made.
Can Criminal Charges Be Withdrawn if There Is an Intervention Order?
Yes.
The existence of an Intervention Order does not mean criminal charges must continue.
The prosecution may withdraw criminal charges if:
there is insufficient evidence;
witnesses are unavailable;
new evidence emerges; or
it is no longer considered appropriate to proceed.
However, withdrawing criminal charges does not automatically end the Intervention Order proceedings.
If Criminal Charges Are Dismissed, Does the Intervention Order End?
No.
This is one of the most common misunderstandings.
Even if you are found not guilty of the criminal charges, the Magistrates’ Court may still decide that a Family Violence Intervention Order should be made.
This is because the court applies a different legal test in Intervention Order proceedings than it does in criminal cases.
Similarly, a final Intervention Order does not mean you will be convicted of a criminal offence.
Can the Same Evidence Be Used?
Often, yes.
Evidence gathered by police may be relied upon in both the criminal case and the Intervention Order proceedings.
This may include:
witness statements;
body-worn camera footage;
CCTV footage;
photographs;
medical records;
text messages;
social media communications; and
recordings of emergency calls.
However, the way that evidence is used and the legal issues arising from it may differ between the two proceedings.
Should I Give My Side of the Story to Police?
If police are investigating criminal allegations, you should obtain legal advice before participating in a record of interview.
What you say during a police interview may be used as evidence in both the criminal proceedings and the Intervention Order matter.
In many cases, it is preferable to obtain legal advice before answering police questions so that you understand your rights and the potential consequences.
Why Early Legal Advice Matters
When criminal charges and Intervention Order proceedings arise from the same incident, decisions made in one case can affect the other.
For example, evidence given during an Intervention Order hearing may later become relevant in criminal proceedings, and statements made to police may be relied upon in both matters.
An experienced criminal defence lawyer can develop a strategy that considers both proceedings together rather than treating them as separate issues.
Early legal advice can help protect your rights, preserve important evidence and avoid unintended consequences.
Speak to a Criminal Defence Lawyer
If criminal charges have been laid following family violence allegations, or you have been served with an Intervention Order application, Wilkinson Lawyers can help.
We regularly represent clients throughout Ballarat, Melbourne and regional Victoria in both criminal law and Intervention Order proceedings. We understand how these matters overlap and can provide practical advice tailored to your circumstances.
If you are wondering whether criminal charges can be laid as well as an Intervention Order application, contact Wilkinson Lawyers today to arrange a confidential consultation with an experienced criminal defence lawyer.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
