Family violence is a serious criminal offence in Australia. The victims of family violence recall this traumatic time as one of the toughest phases of their lives. This is why the laws surrounding family violence in Australia are very rigid, ensuring that the guilty are given appropriate punishment for their wrongdoings.
But what if you are falsely accused of committing a crime entailing family violence? In such circumstances, a criminal defence lawyer in Melbourne can help you navigate through the legal waters and ensure that your reputation is protected. But before you seek help from a team of lawyers, here is everything you need to know about family violence law in Australia.
The Law on Family Violence
Family violence can take numerous forms. However, according to the Family Violence Protection Act 2008, some of the examples of family violence include:
- Physical assault, which includes kicking, punching, pushing, or throwing things at the person.
- Unwanted sex or sexual acts
- Stalking
- Breaking ADVOs: Apprehended Domestic Violence Orders
- Threatening the person
Here, one needs to remember that family violence is mainly the abuse of power and sometimes includes factors that are beyond physical abuse. It may include emotional abuse and exploitation of power imbalances that are commonly found in households. Moreover, it also recognises economic, psychological, emotional, and sexual abuse as types of family violence.
The Family Violence Protection Act 2008 states its main aim is to:
- Maximise the safety of children and adults who have experienced family violence.
- Prevent further family violence
- Prevent the perpetrators of violence from committing crimes and hold them accountable for their wrongdoing.
The Definition of Family Violence
According to Section 5 of the Family Violence Protection Act 2008, family violence refers to physical, emotional, economic, and psychological abuse towards a family. Family violence also includes exposing a child to these forms of violence. For instance, when a child sees a family member assault another family member or is required to clean up the damage caused by an episode of family violence. According to the Act, the definition of a family member includes:
- Current or former spouse
- Domestic partner or former domestic partner
- A person who has previously had an intimate relationship with the perpetrator of family violence.
- A relative, such as a mother, father, siblings, cousin, grandmother, or grandfather.
- A child who lives with the family.
- A child of someone else who has had an intimate relationship with the perpetrator.
Where Can I Seek Help?
Now that you are armed with the knowledge about the laws that govern family violence in Melbourne, it is time to move further and understand how you can help yourself.
Incidents of family violence are common. However, incidents where a person is falsely accused of family violence are even more common. If you are currently in such a circumstance, seek help from an experienced criminal lawyer immediately.
False family violence accusations are generally made to jeopardise a person’s reputation. However, if you keep in mind the points mentioned below, you will be able to protect yourself:
- Confide in someone you trust: If your partner is threatening you with false allegations, share it with someone you trust. Confiding will help you retain your support network and allow you to move through the complexities of law enforcement.
- Avoid contact with the plaintiff: Even if you think face-to-face conversation could solve the problem, avoid it at all costs. Moreover, avoid calling, texting, or communicating with them through any other methods.
- Contact an attorney: A false accusation of family violence will have some serious consequences if you don’t have a team of trusted law specialists by your side. Even if the crimes have been fabricated, you still need professional help to reassert your rights.
Conclusion
We understand that battling with false accusations of family violence is mentally and physically exhausting. But there are ways you can protect your rights. Firstly, you must learn about the laws surrounding family violence in Australia. Secondly, you must seek help from a team of professionals who know how to safeguard you from legal repercussions and protect your reputation. With these two points in mind, you will be able to tackle these false accusations with confidence.
