Family Violence Lawyers Melbourne

Family Violence Lawyers Melbourne

Experience in handling all family law matters on behalf of a victim or person accused of family violence.

Our family violence lawyers can assist in all matters relating to Intervention Orders (IVOs). You may be thinking of applying for an IVO and need advice on the impact it may have on you, your family and your case. Or you may need assistance defending an IVO against you.

Over time, community attitudes have led to toughened sentencing standards when it comes to family violence matters. Courts will now give these cases priority allowing them to move much faster through the system.

Intervention Orders

Family Violence (domestic violence) is a serious matter. Intervention Orders are an order made by the Court that restricts a person’s interaction with another individual or group of people. They are designed to provide protection to the victim(s) of domestic and family violence. If the terms of the intervention order are broken, the respondent can be charged with a criminal offence.

We understand that it is very stressful if you are applying for an intervention order or defending one.

Sage Family Lawyers has many years of experience in applying for and defending:

  • Personal Safety Orders
  • Restraining Orders
  • Apprehended Violence Orders
  • Family Violence Intervention Orders
  • Domestic Violence Orders

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    Impact of an IVO on your Case

    Evidence of family violence and IVOs can impact on parenting orders, divorce and, in some situations, property settlements.

    We’ll work closely with you to minimise the impact an IVO may have on your case and your future. An experienced, compassionate family violence lawyer can help you achieve the best outcome in the short and long term.

    How Can a Family Law Firm Help?

    Our compassionate family violence and domestic violence lawyers are highly experienced in these cases and understand that this is an extremely traumatic and stressful time for you and your family. Equipped with the right legal advice, this can empower you to escape family violence or defend allegations made against you once you understand your options.

    If you need to apply for an intervention order or if somebody has an IVO against you, it’s essential to speak to a family violence lawyer as soon as possible for accurate legal advice. We offer a confidential no obligation free chat, where we give some free legal advice for your situation.

    Frequently Asked Questions

    What is Family or Domestic Violence?

    Under the Family Violence Protection Act 2008, family violence is defined as behaviour by a person towards a family member that is physically, sexually, emotionally or economically abusive. It also extends to behaviour that is threatening, coercive, controlling and dominating, including threats to property.

    It also applies to behaviour that makes a partner or family member fear for their personal safety and/or wellbeing. The law recognises family members as those sharing an intimate personal relationship, parents and children, relatives by birth, marriage or adoption, and close carers and guardians.

    It is a common misconception that family violence is only physical. For example, family violence does not always occur in the family home, it could be in the form of stalking. Family violence comes in many forms and is a criminal offence.

    How Can a Family Violence Intervention Order Be Obtained?

    An application can be made to the Magistrates Court by the affected family member or by the police on the person’s behalf, or by a family lawyer.

    Family Violence Intervention Orders can also protect your children if you include them in the application.

    Take any evidence you may have to support your application, including doctor reports, images of damage to your property, and abusive correspondence.

    Victims of family violence can access local support services to support them during their case.

    I Have Been Charged With IVO, What Do I Do?

    If you choose to object, our family and domestic violence lawyers can guide you through the process and represent you in Court to defend family violence charges.

    Our lawyers are all members of the Law Institute of Victoria and have years of experience in defending those who have been charged with family violence offences.

    Whether you want to defend the charges or plan on pleading guilty if you have committed family violence, it’s essential to engage a lawyer to determine if you can fight the charges or to negotiate the best solution on your behalf.

    What is A Community Corrections Order?

    A Community Corrections Order (CCO) can be sentenced in addition to an IVO. This order requires the offender to attend treatment and rehabilitation to address the underlying cause of their behaviour.

    Is Evidence Required to Apply for an Intervention Order?

    A statement by the Affected Family Member can be sufficient evidence to support the making of an Interim Intervention Order. Generally, for the making of a final Intervention Order, other than by consent, the Affected Family Member will be required to give evidence at any contested hearing.

    An intervention order does not give you a criminal record, however, breaking the terms of the order can lead to criminal charges being laid against you.

    Do I Need a Criminal Lawyer or Family Lawyer?

    When applying for or defending a Family Violence Intervention Order, you should seek advice and representation from a Family Lawyer. If you are defending a breach of an Intervention Order, which attracts criminal penalties, then it falls in the area of criminal law and it is preferable to seek advice and representation from a criminal lawyer.

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