What's happening?
Domestic violence offences cover a range of conduct occurring between people in a domestic relationship, such as partners, family members or people who share a household. Charges can range from common assault to more serious offences, and are often accompanied by an application for an Apprehended Domestic Violence Order.
These matters can be particularly sensitive, involving ongoing family relationships, shared housing, and sometimes children. Police and courts treat domestic violence matters seriously, and bail conditions are often imposed quickly, sometimes affecting where a person can live while the matter proceeds.
What could it mean for me?
- A domestic violence conviction can affect parenting arrangements and family law proceedings.
- Bail or interim AVO conditions may require you to leave a shared home or avoid contact with family members.
- Certain professions and licences may be affected by a domestic violence related record.
- Police have specific powers and procedures in domestic violence matters that differ from general criminal matters.
- There is often an overlap between the criminal charge and a separate AVO application, which need to be managed together.
What are my options?
- Contesting the charge where the evidence is disputed or unclear.
- Negotiating conditions that allow appropriate contact with children or access to belongings, where safe and appropriate.
- Pleading guilty and addressing the matter through mitigation, including any relevant support or counselling undertaken.
- Addressing any related AVO application separately, including consent orders without admissions where appropriate.
- Seeking variation of restrictive bail conditions where they are unworkable.
What happens next?
- Comply with any current bail conditions or interim orders, even if you disagree with them.
- Seek advice before participating in a police interview or making statements about the relationship.
- Keep records of relevant communications that may be relevant to your matter.
- Attend your first court date and discuss the evidence with your lawyer once available.
- Consider how the criminal matter and any AVO application interact with family law issues.
How can MGE Lawyers help?
We understand that domestic violence charges often arise within complicated family circumstances, and we approach these matters with sensitivity as well as careful attention to the evidence. We explain how the criminal charge, any AVO, and family law issues may interact.
We work through the police brief methodically, advise on realistic options, and where appropriate assist with applications to vary unworkable bail or order conditions.