Criminal Matters Arising from Family Violence

Family violence circumstances may involve criminal allegations that are separate from, but connected with, an intervention-order proceeding.

Criminal proceedings are separate from an FVIO application

A family violence incident can lead to both protective and criminal action. Police may issue a Family Violence Safety Notice or apply for an FVIO while also investigating alleged criminal conduct. The FVIO proceeding and criminal prosecution do not merge.

An intervention order can be made on an interim basis or by consent without admissions. That does not establish guilt of a criminal offence. Conversely, the absence of a criminal charge does not prevent the Court from considering an FVIO application under the protective legislation.

The same factual material can appear in both cases, but each court considers it for a different purpose and under the applicable standard and procedure.

Criminal allegations that may arise

The charge depends on the conduct alleged, not simply the label “family violence”. Matters may involve allegations of assault, threats, property damage, stalking-related conduct, non-fatal strangulation, contravention of an FVIO or safety notice, or another offence arising from the incident.

This is not an exhaustive list. Each offence has elements the prosecution must prove. Multiple charges may arise from one event, and one alleged course of conduct may also be relied upon in the intervention-order proceeding.

An accused person should obtain the actual charge sheet rather than rely on a verbal description. The precise offence, date, alleged victim and particulars shape the advice and evidence required.

Police investigation and interview

Police may attend an incident, separate the people involved, conduct risk assessments, take statements, photograph injuries or property, collect CCTV or digital communications, and seek an interview with a suspect.

Obtaining advice before interview can be important. What is said may be recorded and relied upon in the criminal case, and it may also affect the position taken in an FVIO or parenting proceeding. Advice should consider the information police have disclosed, the person’s rights, the alleged offence and whether an account can safely and accurately be given.

There is no useful universal script. A person should not lie, destroy evidence, pressure a witness or contact somebody contrary to an order. Preserve relevant communications and obtain a copy of any receipt or paperwork for property taken by police.

Charge, bail and the brief of evidence

Police may release a person without charge, charge them and issue a summons, or arrest and deal with bail depending on the alleged offending and circumstances. Bail conditions can create restrictions additional to an FVIO. Both documents must be followed.

After charge, the prosecution provides disclosure through the criminal process. The available material may develop over time and can include statements, photographs, recordings, messages, body-worn camera footage, emergency-call material and records of service or explanation of an intervention order.

Reviewing the brief allows the charge and evidence to be tested rather than assessed only from the initial allegation. It can identify factual disputes, missing material, legal issues, admissibility questions and the relationship with parallel proceedings.

Case conferencing, pleas and contested proceedings

Some cases involve discussions with the prosecution after the evidence is reviewed. A case conference or negotiation may address the charges, particulars, evidence or an agreed factual basis. Negotiation should reflect the evidence and instructions; it is not an assurance that a charge will be withdrawn or changed.

If a person pleads guilty, the Court proceeds on an agreed or determined factual basis and then considers sentence. If a person pleads not guilty, the matter may proceed through directions and a contested hearing where the prosecution must prove the charge beyond reasonable doubt.

Witnesses may give evidence and be cross-examined, and documentary or digital evidence may be tendered subject to the criminal rules. The procedure differs from the FVIO case even when the underlying allegations overlap.

Sentencing after a plea or finding of guilt

Sentencing is individual to the offence and circumstances. The Court may consider the nature and seriousness of the conduct, harm, the offender’s prior history, plea, personal circumstances, rehabilitation, risk and other statutory sentencing considerations.

The presence of a family violence context may be relevant, but it does not produce one automatic outcome. It is inappropriate to predict sentence from the charge name alone. Preparation can include ensuring the Court has accurate facts and properly supported material relevant to sentence.

No maximum penalties are set out on this page because the charge and current legislation should be checked directly.

Managing connected FVIO and family-law proceedings

Statements or admissions in a criminal case can affect another proceeding. An FVIO condition or bail condition can affect housing, communication and parenting arrangements. A parenting case may require disclosure of family violence orders and relevant police information.

Coordinated advice does not mean combining the cases. It means recognising their different purposes while avoiding inconsistent positions, accidental contravention and decisions made without considering the other orders in force.

See the FVIO guide, the detailed page about alleged contraventions, and Family Law & Family Violence.

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Legal information on this website is general in nature. Advice about your circumstances can help you understand the proceeding, the proposed conditions and the options available.