Assault allegations involving a current or former partner or family member can lead to more than a criminal charge. Police action may also result in a Family Violence Safety Notice or intervention order, with immediate conditions affecting contact, the family home and children.
Galbally Parker represents clients facing domestic assault and related family violence charges throughout Melbourne and Victoria. We examine the assault allegation itself, the evidence surrounding it and any related intervention order proceedings so that the matters can be approached together.
Speak to our team to find out your rights and how we can help you.
Domestic Assault Charges in Victoria
“Domestic assault” is commonly used to describe an assault allegation that arises within a family or intimate relationship. The criminal charge itself may be common assault, causing injury or another assault-related offence depending on what is alleged to have occurred.
The broader circumstances may also fall within the definition of family violence under the Family Violence Protection Act 2008 (Vic). Family violence is defined more broadly than physical assault and can include threatening, coercive, controlling, emotional, psychological or economic behaviour.
For information about the wider family violence jurisdiction, see our Family Violence Lawyers page.
Criminal Charges and Intervention Orders
One of the most important features of domestic assault matters is that the same incident can result in two separate legal proceedings.
Police may lay criminal charges and also issue a Family Violence Safety Notice or apply for a Family Violence Intervention Order. Conditions can prevent a person from returning home, contacting their partner or former partner, or approaching particular places.
The criminal case and intervention order proceeding are not the same case. They apply different legal tests and can continue on different paths.
In our experience, this means decisions about one proceeding should not be made without considering the other. An intervention order may remain in place even where criminal charges are later withdrawn, and its conditions must continue to be followed unless they are formally changed or the order ends.
Our Intervention Order Lawyers can advise on the intervention order proceedings alongside the criminal charge.
For more detail on how the two proceedings interact, read Criminal Charges and Family Violence Orders in Victoria.
Defending a Domestic Assault Allegation
Domestic assault cases often begin with two very different accounts of what happened.
We look beyond the police summary and examine the wider circumstances, including what happened before and after the alleged incident and whether the objective evidence supports the allegation.
Depending on the case, this may involve reviewing:
- CCTV and doorbell camera footage
- mobile phone recordings
- text messages and complete message histories
- photographs
- medical evidence
- body-worn camera footage
- witness statements
- social media and other digital evidence
- previous communications between the parties.
Context can be particularly important. A statement or screenshot viewed in isolation may present a very different picture from the complete conversation or sequence of events.
Our article The Digital Evidence Now Shaping Assault and Family Violence Cases explains how this type of evidence can support an allegation, contradict it or reveal important context that was not initially provided to police.
Police Interviews and Early Advice
If police want to interview you about an alleged domestic assault, getting advice before the interview allows you to understand the allegation and your rights before deciding how to respond.
It can also give us an opportunity to identify evidence that should be preserved quickly.
We have dealt with family violence matters where CCTV or digital material materially changed the way an allegation appeared once it was compared with the original account given to police.
Do not assume that police will already have all the material relevant to your defence. If you have messages, footage, photographs or information about potential witnesses, keep it and discuss it with your lawyer.
If the Other Person Does Not Want Charges to Proceed
A common question we receive is whether the charges will automatically disappear if the complainant no longer wants the matter to proceed.
They will not necessarily.
Once police have laid charges, the decision about whether the prosecution continues is not simply left to the other person. Police may continue with a case if they believe there is sufficient evidence available.
This means that even where the parties have reconciled or the complainant does not want to pursue the allegation, the criminal case still needs to be dealt with properly.
It is also important not to contact the other person in breach of an intervention order or bail condition, even if they initiate the contact.
Possible Outcomes
The appropriate strategy depends on the evidence, the charges and the client’s instructions.
A domestic assault matter may involve:
- seeking withdrawal of one or more charges
- negotiating which charges proceed
- contesting the allegations
- considering whether a defence such as self-defence applies
- entering a plea of guilty where appropriate
- preparing supporting and rehabilitative material for sentencing.
Where an intervention order is also in place, the strategy should consider the consequences for both proceedings rather than treating them separately.
Domestic Assault Case Result
Family violence assault charges and intervention order withdrawn
Our client faced serious assault charges following an alleged incident involving his step-son, as well as an intervention order preventing him from returning to the family home.
We raised concerns about the prosecution evidence and began negotiations before the first Mention hearing. All criminal charges were ultimately withdrawn, along with the intervention order.
View the full Galbally Parker case resultWhy Choose Galbally Parker?
Domestic assault matters can involve criminal charges, intervention orders and significant immediate consequences for a client’s family and home life.
Galbally Parker has extensive experience acting in assault and family violence matters. We examine the evidence closely and consider how the different proceedings affect one another before advising on the appropriate strategy.
That may involve challenging an assault allegation, negotiating with prosecutors, defending an intervention order or preparing a matter for plea and sentencing.
For information about assault charges outside a family violence context, visit our Assault Lawyers page.
Speak With a Domestic Assault Lawyer
If you have been charged with assault following a family violence allegation, or police want to interview you about an incident involving a partner or family member, contact Galbally Parker for advice about the criminal charges and any related intervention order proceedings.
Book a Free 15 Minute Tele-consultFrequently Asked Questions About Domestic Assault
Is domestic assault a separate criminal offence in Victoria?
Not generally. “Domestic assault” describes the context in which an alleged assault occurs rather than one single criminal charge.
The actual charge will depend on the alleged conduct and may include common assault, causing injury or another offence. The family relationship can also result in separate family violence intervention order proceedings.
What happens if police are called to a domestic incident?
Police may investigate whether a criminal offence has occurred and take immediate steps under Victoria’s family violence laws.
Depending on the circumstances, this can include laying criminal charges, issuing a Family Violence Safety Notice or applying for a Family Violence Intervention Order.
The conditions imposed can affect where you live and who you can contact before the underlying allegations have been determined by a court. The Magistrates’ Court of Victoria provides further information about Family Violence Intervention Orders.
Can my partner withdraw domestic assault charges?
Your partner or family member can tell police that they do not want the charges to proceed, but they do not have the final decision once charges have been laid.
Police may continue with the prosecution if they believe the available evidence is sufficient.
We therefore assess the evidence supporting the charge rather than assuming the matter will end because the complainant’s position has changed.
What if the allegation is my word against theirs?
These cases require careful analysis of both accounts and any evidence capable of supporting or contradicting them.
Messages, CCTV, photographs, phone records, medical material and the consistency of statements made at different times can all become important.
We have seen cases where apparently minor pieces of evidence significantly change the context of the allegation.
Will the intervention order end if the assault charge is withdrawn?
Not automatically.
The intervention order is a separate civil proceeding and applies a different standard of proof. An assault charge can therefore be withdrawn while an intervention order application remains before the Court.
We consider both proceedings together and advise on what still needs to be done if the criminal matter ends.
What if the other person contacts me while an intervention order is in place?
Check the precise wording of the order before responding.
An intervention order remains legally enforceable even if the protected person initiates contact or wants to reconcile. A private agreement between the parties does not change the conditions imposed by police or the Court.
If the conditions are creating practical problems involving children, property or the family home, obtain advice about whether they can be formally varied rather than risking an alleged breach.
Can self-defence apply to a domestic assault allegation?
Yes, depending on the circumstances.
We look closely at what happened immediately before the alleged use of force, what the accused person believed was occurring and whether their response was reasonable in the circumstances as they perceived them.
The history and context of the incident can be relevant, but the defence needs to be assessed against the evidence in the individual case.
For more detail, read Examining the Use of Self-Defence for Assault-Related Charges in Victoria.