Domestic & Family Violence Lawyers in Melbourne

Top Domestic Violence Lawyers Melbourne

• Why Dribbin & Brown Criminal Lawyers
• We have over a 100 year of combined experience
• We have 20 experienced domestic violence lawyers that attend the local courts around Melbourne every day representing Domestic Violence Order Applicants,  Respondents and defendants.
• We understand unlike many, that at a first hearing there is some potential to  strike out an intervention order application, saving our clients time and money.
• We know the prosecutors at the local courts, the staff and the Magistrates and consequently our lawyers know how to get the job done.
• We are specialists in the field, don’t go to a general or family law practitioner, they will only brief the matter to a barrister which is completely unnecessary at the early stages leading to inflated costs.
• We get results, don’t take our word for it, look at our google reviews. Every review attached to our google account is real.

What is Family or Domestic Violence?

Family or domestic violence is defined in section 5 of the Family Violence Protection Act 2008 as ‘behaviour towards a family member that is 

• physically,
• sexually,
• psychologically,
• emotionally or
• economically abusive

and causes that family member to feel fear for their safety or fear for the safety of another family member. “Family member” has a very wide definition.

Family violence in relation to a child will be established if it is established the child has witnessed any of this type of behaviour.

When to Seek Legal Help for Domestic Violence allegations?

• You should contact a domestic violence specialist immediately if you are questioned or charged by police in relation to family violence. It is always important to remember, whatever you say to another person or police potentially will be used against you later.
• If a domestic partner has made a complaint to police, it is likely that a domestic violence order (DVO) will be forthcoming, and you could be evicted from the family home with very little notice.
• If you already have an intervention order against you and you have breached your Domestic Violence order, it is imperative that you consult with an experienced family violence lawyer as soon as possible. It is important to understand that people that repeatedly breach intervention orders, even when being prompted by the other party, and in circumstances where they have never been in trouble before, can be remanded to prison and brought before a magistrate.
• Don’t get caught out, make sure you are informed and aware of your rights and the potential dangers that are lurking in relation to any domestic violence allegations.

Navigating Family Violence Intervention Orders

If you have been served with a Family Violence Intervention Order, then you will have been given piece of paper with a Court date and summary of the facts that are alleged against you. This will usually occur in one of the following three ways;

1. 1. Following a police interview, where police on behalf of a family member will serve you with a Domestic Violence Intervention Order. This will often be accompanied by a Family Safety Notice. This is an intervention order with immediate effect until the first court date.
   2. Following a police interview, where police on behalf of a family member will serve you with a Domestic Violence Intervention Order, and also put in place bail conditions that mirror the proposed intervention order.
   3. Or by way of summons where a police officer will turn up at your address with a proposed intervention order, or an interim intervention order, with a proposed full order attached.

Whether the order has immediate effect or not, it is important that you abide by the conditions of the order or the proposed order as this will be relevant later when the magistrate must determine whether to put final order in place.

The court proceedings are as follows; mention, directions hearing and then contested hearing. It is important to understand that the matter can be resolved at any of these hearings.

In relation to domestic violence intervention orders, they are civil applications, so the concept of being innocent until proven guilty does not apply. The legislative intent behind safety notices, interim orders and bail conditions that mirror the conditions of an intervention order, is to protect victims of family violence immediately. Unfortunately, although this is needed in many circumstances, it is often the case that protected person’s abuse the system to take control of property or custody of children by lying in their application. It is a sad indictment on our system. That is why it is so important to engage experienced criminal lawyers that handle these types of matters, as criminal lawyers understand best how to obtain the evidence required to defend these applications.

Potential consequences of Domestic Violence Charges?

• Multiple family violence charges can lead to imprisonment.
• This can happen sometimes before the person has the charges heard because police will remand an accused person based on community safety.
• In these circumstances, an experienced criminal lawyer needs to run a bail application to see the person released pending the outcome of their case.

Steps To Take After Being Charged with Family Violence

Step 1: Stay away from the complainant if there are bail conditions, an intervention order or a family safety notice in place preventing contact. 

• If you continue to engage with the complainant against any form of bail order, family violence safety notice or court order, your position has the potential to get significantly worse.  

Step 2: Contact an experienced Domestic Violence lawyer. Following a consultation with a lawyer, there will be assessment of anything in the immediate future that can be done to assist your case, that might involve obtaining evidence from

• CCTV
• Your phone
• Other witnesses
• Speaking to police and requesting further and better particulars
• The role of community corrections Orders in Family Violence Cases.

Step 3: Do whatever your lawyer says to do as this will put you in the best position when you have to attend court. This might involve

• Providing further evidence that is in your possession
• Engaging in counselling, or a Men’s Behaviour Change course 
• Drug or alcohol treatment to name some examples. 

How do the courts decide on an interim and Final Domestic Violence Order?

• In relation to an Interim Domestic Violence Order the question usually revolves around the need to immediately protect the affected family member or their children from family violence, particularly in circumstances where police have already made a family violence safety notice.
• In relation to how to obtain a final order, the court has to be satisfied that family violence has occurred and it is likely to happen again.
• There are other things that need to be satisfied, ie the person is a family member, there is a valid application on foot etc.

Sentences in relation to Domestic Violence:

• There are many different charges relating to family violence, what sentence you will receive for pleading guilty in relation to a domestic violence charge depends on the charge and summary of facts that is attached to that charge. 
• To provide some examples;
  • In relation to breaching a Family Violence Intervention Order, s123 of the FVIOP Act, the maximum penalty is two years imprisonment or a maximum fine of 240 Penalty Units. If this is only charge, then all sentencing options will be open, from diversion through to prison. 
  • In relation to a charge involving a physical assault that causes injury in the context of domestic violence, this can and often will attract a more stern sentence, but again is dependant on the summary of facts, consideration of all of the charges and whether the accused person has prior history for similar charges. 
  • The only way to determine the likely sentence in relation to charges relating to domestic violence is to sit with an experienced criminal lawyer who routinely handles these types of matters. 
• Generally tougher Sentences are being handed down for Family Violence
• Sentencing Advisory Council (SAC) has advised the judiciary to take a tougher approach in respect of family violence, especially with breaches of Orders.
• The SAC, which is an independent statutory body, examines sentencing by the judiciary (Magistrates and Judges) and makes recommendations regarding sentencing of various crimes.
• The Family Violence Protection Act 2008(Vic) allows the court to grant an Order when satisfied on the balance of probabilities that ‘the respondent has committed family violence against the affected family member and is likely to do so again’.
• This means that it is very easy to get an order and it doesn’t require evidence or for the prosecution to satisfy the legal requirements of a criminal charge. You do not have to be ‘found guilty’ to have an Order made against you, but you do have to comply with an Order that has been made.
• Not doing so can mean up to two years in custody, a fine, or both. See our article on what you need to know about family violence intervention orders.
• In the past, it was possible to receive light sentences where charges relating to family violence were concerned. This has changed in the higher courts and reflects a toughening in community attitudes. Family violence is now treated very seriously by the judiciary.
• The Sentencing Council has suggested several reforms to the sentencing of family violence offenders. These reforms include fast tracking of Community Corrections Order (CCO) breaches (See here for what is a corrections order)by family violence offenders in the Magistrates’ court system so that offenders can be prosecuted more speedily. If this is relevant to you it means that you won’t have as much time to prepare before your court date.
• The Council also recommends a greater use of judicial monitoring of family violence offenders from early on in their CCO. This means that more offenders will have to go to court during the term of their CCO and speak to the Magistrate, updating them on their progress, answering questions and being accountable. The Council recommends directing representatives of Corrections Victoria to attend these monitoring sessions in court so that everyone involved in a CCO is on the same page with what is going on, and that the Magistrate has a greater quality of information regarding the offender and their circumstances at hand.
• The Council also recommends more judicial education and training regarding factors in sentencing family violence offenders.

Things to think about before going to Court in relation to Family Violence

• It is important to determine whether you are guilty?
• It may be the case that you fight the charges? It is important to consider whether you can fight the charges as family violence charges is not something you will want on your criminal record.
• A criminal conviction for a family or domestic violence incident can have crippling ramifications for your future and current employment opportunities and to your ability to travel, so advice from a lawyer is important to determine if you can fight the charges. Even if you plead guilty you might be able to secure a non-conviction.

If you are pleading guilty, it is important that you engage a lawyer to negotiate the best resolution on your behalf.

• It is then important to show the court that you have made an effort to address your behaviour.
• Counselling is a valuable resource, and voluntarily undergoing counselling is something that not only demonstrates to the Court that you are prepared to make changes but demonstrates remorse and can lead to a reduction in sentence.
• There are also programs that you can attend that are run specifically for men who want to learn to change their behaviour, such as the Men’s Behaviour Change course or an anger management course. If you are already taking one of these courses voluntarily or are booked into a course this is always helpful when pleading guilty to family violence related charges.
• You can also be ordered by the court to undertake any or all of the above type of courses as part of sentencing.

Like all criminal matters, you need to seek advice from a lawyer that has experience in this area. There are so many options available when going to Court. If you are pleading guilty, how are you pleading guilty? Are you eligible for diversion? Would your circumstances lend themselves to a favourable case review to see the matter withdrawn? Do you have firm grounds to be found not guilty?

If you have been charged with family violence, then you need immediate help. The scope of what constitutes family violence is wide and you need an experienced family violence lawyer to help you through the process.

If you are attending Court in relation to an intervention order or facing family violence related charges you should call Dribbin & Brown Family Violence Lawyers to help you. It can never be overstated how critical it is to engage lawyers that understand the local court, understand the area of the law and have your best interests at heart. Dribbin & Brown Lawyers embrace all three. If you have been charged, call today.