Family Violence Lawyers Melbourne

Compassionate legal protection and support for family violence matters

24/7 Support Services Available

If you're in immediate danger, call 000. For confidential support:

1800 RESPECT: 1800 737 732 (24/7 counselling)

Safe Steps: 1800 015 188 (24/7 crisis response)

Men's Referral Service: 1300 766 491

Kids Helpline: 1800 55 1800

Lifeline: 13 11 14

Police (non-urgent): 131 444

Understanding Family Violence Law in Victoria

Family violence is a serious issue that affects many Victorian families. The law provides strong protections through intervention orders and criminal proceedings. In Melbourne, specialist family violence lawyers understand the complex dynamics involved and can help you navigate the legal system while prioritising your safety and that of your children. Whether you're seeking protection or defending against allegations, expert legal guidance is essential.

What Constitutes Family Violence?

Under Victorian law, family violence includes behaviour that:

Physical Violence

  • • Assault or causing physical injury
  • • Sexual assault or coercion
  • • Damage to property
  • • Threats of physical harm

Non-Physical Abuse

  • • Emotional or psychological abuse
  • • Financial control or abuse
  • • Stalking or intimidation
  • • Technology-facilitated abuse

Coercive Control

  • • Isolation from friends/family
  • • Monitoring movements
  • • Controlling daily activities
  • • Threats to children or pets

Economic Abuse

  • • Preventing work or study
  • • Controlling access to money
  • • Destroying credit rating
  • • Withholding financial support

Family Violence Intervention Orders (FVIOs)

What is an Intervention Order?

A Family Violence Intervention Order is a court order that protects you and your children from family violence. It can include conditions such as:

  • • Prohibiting contact (in person, phone, email, social media)
  • • Excluding the respondent from your home
  • • Preventing them from coming near you, your work, or children's school
  • • Stopping them from damaging property
  • • Suspending firearms licences

Types of Orders

Interim Orders

Temporary protection until the court makes a final decision. Can be made without the other party present if you're at immediate risk.

Final Orders

Made after both parties have had the opportunity to present their case. Can last for a specified period or indefinitely.

The Application Process

  1. 1 Application: Made at local Magistrates' Court or police can apply on your behalf
  2. 2 Interim Hearing: Court decides if immediate protection needed
  3. 3 Service: Respondent must be served with order
  4. 4 Final Hearing: Both parties present evidence
  5. 5 Decision: Magistrate makes final order

Impact on Family Law Proceedings

Parenting Matters

  • • Affects custody arrangements
  • • May require supervised visits
  • • Court prioritises child safety
  • • Independent Children's Lawyer may be appointed

Property Division

  • • Exclusive occupation rights
  • • Impact on property settlement
  • • Urgent financial needs
  • • Asset preservation orders

Important Legal Considerations

  • • Breaching an intervention order is a criminal offence with serious penalties
  • • Orders can be varied or revoked if circumstances change
  • • False allegations can have serious legal consequences
  • • Legal aid may be available for genuine cases

Safety Planning and Support

A comprehensive approach to family violence includes:

Legal Protection

  • • Intervention orders
  • • Criminal charges where appropriate
  • • Exclusive occupation of home
  • Emergency custody orders

Practical Support

  • • Safety planning with specialists
  • • Referrals to support services
  • • Emergency accommodation
  • • Financial assistance options

Defending Against Family Violence Allegations

If you're facing family violence allegations, you have rights:

  • Right to legal representation at all hearings
  • Opportunity to present evidence and witnesses
  • Challenge the necessity of order conditions
  • Negotiate undertakings as alternative to orders
  • Appeal decisions if grounds exist

Children and Family Violence

Protection for Children

  • • Children can be included on intervention orders
  • • Court considers exposure to violence as harm
  • • Special conditions for school and childcare
  • • Child-focused counselling services

Parenting After Violence

  • • Supervised contact centres
  • • Graduated time arrangements
  • • Parenting programs for perpetrators
  • • Long-term safety planning

Technology and Family Violence

Modern family violence often involves technology abuse:

  • • Stalking via GPS or tracking apps
  • • Harassment through social media
  • • Sharing intimate images without consent
  • • Monitoring emails and messages
  • • Using children's devices for surveillance
  • • Financial abuse through online accounts
  • • Impersonation and identity theft
  • • Cyberstalking and online threats

Intervention orders can include specific technology-related conditions to address these behaviours.

Find Family Violence Lawyers in Melbourne

Confidential Consultation

Safe, private legal advice

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24/7 Support Line

Immediate assistance available

1800 RESPECT

Court Support

Legal representation at court

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Related Family Law Services

Family violence matters often intersect with other family law issues. Find specialists in all areas.

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