Family Violence Lawyer Ballarat

Family violence matters are among the most sensitive and complex in the criminal justice system, and they often move quickly — an arrest, a safety notice, and exclusion from your own home can all happen within hours. McMahon Criminal Defence Lawyers provides experienced, discreet and non-judgemental representation for people facing family violence allegations, at the Ballarat Magistrates’ Court and across Victoria, on fixed fees. This page explains how these matters work — including the important difference between an intervention order and a criminal charge — and links to detailed guides on the specific offences. It is general information, not advice about your situation.

What is Family Violence in Victoria?

Family violence is broadly defined under the Family Violence Protection Act 2008. It is not limited to physical violence — it includes sexual, emotional, psychological and economic abuse, and any behaviour that causes a family member to fear for their safety or wellbeing. The Act defines a “family member” broadly, covering current and former spouses and partners, relatives, and certain other intimate and family-like relationships.

The Two Tracks: Intervention Orders and Criminal Charges

This is the single most important thing to understand, because people facing a family violence allegation are very often dealing with two separate proceedings at once:

• The civil track — intervention orders. Police can issue a Family Violence Safety Notice immediately, and apply for a Family Violence Intervention Order (FVIO) in the Magistrates’ Court. These are civil orders that impose conditions — often excluding you from your home, or limiting contact with a partner or children — and they can be made on a lower standard of proof than a criminal charge. See our intervention orders page.
• The criminal track — charges. Separately, you may be charged with criminal offences arising from the same allegation, such as assault, making a threat, criminal damage, or stalking.

The two tracks interact — evidence or admissions in one can affect the other — which is why they should be handled together, under a single coherent strategy, by the same lawyer.

Breaching an Intervention Order is a Criminal Offence

An intervention order is civil, but breaching one is a crime. Contravening an FVIO under section 123 of the Family Violence Protection Act carries up to 2 years’ imprisonment; an aggravated breach intended to cause harm or fear (section 123A) and persistent breach — three or more contraventions within 28 days (section 125A) — each carry up to 5 years. Crucially, the order binds you: even if the protected person initiates contact or invites you back, responding can still be a breach. Read our detailed guide to contravening an intervention order ›

Common Family Violence Charges

Family violence allegations commonly give rise to one or more of the following criminal charges, each with its own detailed guide:

• Assault offences — from common assault through to causing serious injury;
• Making a threat to kill — which can be charged even where there was no intention to carry it out;
• Stalking — including repeated unwanted contact and monitoring;
• Criminal damage — damaging property during an incident; and
• Contravening an intervention order — one of the most frequently prosecuted offences of all.

What Happens After a Family Violence Incident

Police take a pro-arrest, pro-charge approach to family violence. After being called to an incident, police will often arrest and charge the alleged perpetrator, and may issue a Family Violence Safety Notice on the spot — which can exclude you from your home immediately, before any court has heard the matter. The criminal charge then proceeds through the courts, usually beginning with a mention hearing, while the intervention order is dealt with separately. If you have been remanded, see our guide to bail, noting that family violence matters can engage stricter bail tests.

How We Help

These matters require care, discretion and a strategy that addresses both the criminal charges and any intervention order together. We examine the evidence closely — including in the many cases where allegations are exaggerated or false, which arises with real frequency during relationship breakdowns — and we work to protect your liberty, your relationship with your children, and your future. Contact us for a confidential, non-judgemental discussion.

Frequently Asked Questions

What is the difference between an intervention order and a criminal charge?

An intervention order (FVIO) is a civil order imposing conditions to protect a family member; it is not itself a criminal conviction and is decided on a lower standard of proof. A criminal charge — such as assault or threats — is a separate criminal matter prosecuted by police. The two often arise from the same incident and run at the same time, but they are distinct proceedings with different consequences.

Can a family violence charge be dropped if the protected person doesn’t want to proceed?

Not simply on their request. Police take a pro-charge approach and prosecute the matter themselves, so it does not depend on the protected person’s wishes. The prosecution may decide not to proceed if the evidence is insufficient, and the protected person’s attitude can be a relevant factor — we can advise on and make submissions about the prospects in your case.

I breached the intervention order because my partner contacted me. Is that a defence?

Generally no. The order binds you, not the protected person — so even if they contacted you first or invited you back, responding can still be a breach. If you want contact to be permitted, the order must be formally varied. This is one of the most common ways people are charged with a breach, so get advice rather than relying on informal arrangements.

Will I be able to see my children?

An intervention order may include conditions about contact with children, which can be distressing. In appropriate cases, we can seek to have conditions varied to allow safe contact, and we work to address children’s arrangements as part of the overall strategy. The right approach depends on the specific conditions and circumstances.

What if the allegations are false or exaggerated?

False or exaggerated allegations are not uncommon, particularly during relationship breakdowns and family law disputes. We examine all the evidence carefully — messages, timelines, inconsistencies and the surrounding circumstances — to test the allegations and build the strongest possible defence across both the criminal charge and any intervention order.

Get in Touch

Contact us today for a confidential consultation with an experienced criminal defence lawyer.