What Happens After Family Violence Allegations?

If you are asking what happens after family violence allegations, the answer will depend on the circumstances of the alleged incident. In Victoria, family violence allegations can lead to police investigations, Family Violence Safety Notices, Intervention Order applications and, in some cases, criminal charges. Not every allegation results in a final Intervention Order or a criminal conviction, but it is important to take any allegation seriously and obtain legal advice as early as possible.

For many people, the period immediately after family violence allegations are made is confusing and overwhelming. You may be required to leave your home, have restrictions placed on your contact with your partner or children, or be required to attend court within days of the alleged incident.

At Wilkinson Lawyers, we regularly advise clients throughout Ballarat, Melbourne and regional Victoria following family violence allegations. Whether you are the affected family member or the respondent, we can explain the legal process and help you understand your rights.

Will the Police Investigate?

In most cases, yes.

If police receive a complaint of family violence, they will usually investigate the allegations.

The investigation may involve:

• speaking with the people involved;

• interviewing witnesses;

• taking photographs of injuries or property damage;

• reviewing CCTV or body-worn camera footage;

• obtaining medical records where appropriate; and

• collecting other relevant evidence.

Police will then decide whether further action is required.

Can Police Remove Me From My Home?

Yes.

If police believe immediate protection is required, they may issue a Family Violence Safety Notice.

A Safety Notice can require you to:

• leave the family home;

• have no contact with the affected family member;

• stay away from certain places; and

• comply with other conditions designed to protect the affected family member until the matter comes before the Magistrates’ Court.

You must comply with a Family Violence Safety Notice, even if you disagree with the allegations.

Will an Intervention Order Be Applied For?

Often, yes.

If police believe there is an ongoing risk of family violence, they may apply for a Family Violence Intervention Order on behalf of the affected family member.

In some cases, the affected family member makes the application personally. In many others, Victoria Police commence the application even if the affected family member does not want the matter to proceed.

The court will ultimately decide whether a final Intervention Order should be made.

Will I Be Charged With a Criminal Offence?

Not necessarily.

Family violence allegations and criminal charges are two separate legal processes.

Depending on the evidence, police may:

• apply for an Intervention Order only;

• lay criminal charges only; or

• both apply for an Intervention Order and lay criminal charges.

Common criminal charges arising from family violence allegations include assault, unlawful assault, intentionally causing injury, criminal damage, stalking and threats to kill.

The outcome of the criminal case does not automatically determine the outcome of the Intervention Order proceedings, and vice versa.

What Happens at the First Court Date?

If an Intervention Order application has been filed, you will usually be required to attend the Magistrates’ Court.

At the first mention, the matter may be:

• adjourned so you can obtain legal advice;

• resolved by consent without admissions;

• contested; or

• listed for a contested hearing at a later date.

If you intend to oppose the application, it is important to obtain legal advice before attending court.

Can I Contact the Other Person?

Only if you are legally permitted to do so.

If a Family Violence Safety Notice or interim Intervention Order prohibits contact, you must comply with those conditions.

It does not matter if the other person contacts you first or says they are happy for you to communicate. Unless the order allows contact, responding may place you in breach of the order.

Breaching an Intervention Order or Safety Notice is a criminal offence.

Will This Affect My Children?

It can.

If children are listed as protected persons or there are conditions restricting contact, family violence allegations may affect parenting arrangements.

Family violence allegations may also become relevant in proceedings before the Federal Circuit and Family Court of Australia, although the Family Court will make its own assessment based on all of the evidence.

Whether you can continue spending time with your children depends on the conditions of any Intervention Order and any parenting orders that are in place.

What Should I Do If the Allegations Are False?

If you believe the allegations are false or misleading, you should obtain legal advice before responding.

It is important to preserve any evidence that may assist your case, including:

• text messages;

• emails;

• CCTV footage;

• photographs;

• social media communications;

• witness details; and

• phone records.

Avoid contacting the affected family member if doing so would breach a Safety Notice or Intervention Order.

Why Early Legal Advice Matters

The decisions made in the days immediately following family violence allegations can have long-term consequences. An interim Intervention Order may affect where you live, your ability to see your children, your firearms licence and your employment. Criminal charges may also follow.

An experienced Intervention Order lawyer can explain the allegations, advise you about your options, preserve important evidence and represent you throughout both the Intervention Order proceedings and any related criminal charges.

Early legal advice often places you in the strongest position to protect your legal rights.

Speak to an Intervention Order Lawyer

If family violence allegations have been made against you, or you are seeking protection from family violence, Wilkinson Lawyers can provide practical legal advice tailored to your circumstances.

We regularly represent clients in Family Violence Intervention Order proceedings and related criminal matters throughout Ballarat, Melbourne and regional Victoria. Whether you are responding to allegations or seeking legal protection, we can explain your rights and guide you through every stage of the court process.

If you are wondering what happens after family violence allegations, contact Wilkinson Lawyers today to arrange a confidential consultation with an experienced Intervention Order 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.