Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Domestic violence, also referred to in Victoria as family violence, covers a range of harmful behaviours between people who are, or have been, in intimate or family-type relationships. This includes physical assault, sexual abuse, stalking, psychological and emotional abuse, economic or financial control, harassment, and threats. Clayton is a suburb of Melbourne in the state of Victoria, so incidents there are dealt with under Victorian laws and by Victorian policing and court systems.
In Victoria, family violence is addressed through criminal law, civil family violence orders and federal family law when parenting or property matters arise. Police have powers to respond immediately, to issue safety notices and to help people apply for intervention orders. Courts can make intervention orders that place conditions on a person s behaviour, and criminal courts can prosecute and punish offences arising from violent conduct.
Domestic violence matters often involve urgent safety decisions, complex overlapping legal areas and high emotional stress. You may need a lawyer if you face any of the following situations:
- You want to apply for, vary or oppose a family violence intervention order and need help preparing evidence or understanding the conditions sought.
- You are an alleged victim and want representation at court hearings so your safety concerns are effectively presented.
- You have been accused of family violence and need advice about criminal charges, bail conditions, or how to respond to an intervention order application.
- Parenting arrangements or property division are needed after separation, and family violence affects the safety of you or your children.
- You need assistance to collect, preserve and present evidence such as medical reports, messages, photos or witness statements.
- You require advice about interactions with police, child protection services, courts or other statutory bodies and how actions might affect immigration, tenancy or employment.
A lawyer experienced in family violence law can explain your legal options, represent you at court, negotiate consent orders, advise on interaction between criminal and family law, and connect you to support services.
Victoria has a specific legal framework for family violence. Key aspects relevant to Clayton residents include:
- Family Violence Protection Act 2008 (Victoria): This Act enables courts to make Family Violence Intervention Orders that can include conditions such as exclusion from a home, no contact, stay-away directions, and conditions about children. Breaching such an order is a criminal offence.
- Police powers and Family Violence Safety Notices: Victoria Police can issue Family Violence Safety Notices at the time of attendance, which can immediately impose safety conditions on a person for a limited period and trigger an application for an intervention order.
- Criminal law: Acts of violence, sexual offences, stalking, threats and property damage can be prosecuted under the Crimes Act and other criminal statutes. Police can arrest or charge suspects and prosecutors may bring matters to court.
- Firearms and other prohibitions: Courts can impose conditions requiring the surrender of firearms or banning possession of weapons where family violence risk is identified.
- Family law (federal): Parenting and property matters after separation fall under the Family Law Act 1975. Allegations of family violence are relevant to parenting decisions and the best interests of the child is the primary concern of family courts.
- Child protection: If children are affected, Child Protection services may become involved under state child welfare laws to assess safety and the need for protective action.
Because state family violence orders and federal family law intersect, legal advice is important to manage both civil protection orders and any family law proceedings.
Family violence includes physical assault, sexual abuse, coercive control, threats, harassment, stalking, intimidation, economic or financial control, and damaging property when committed by a family or domestic partner, intimate partner, or other family member. The context and pattern of behaviours are important - a single incident may be criminal, while a pattern of controlling behaviour can amount to family violence.
If you or someone else is in immediate danger call 000. If it is not an emergency but you need police assistance, contact Victoria Police on the non-emergency number or ask police to attend. You can also contact 24/7 family violence crisis lines or local specialist services for advice about safe accommodation and next steps.
An Intervention Order is a civil order made by a Magistrates Court that sets conditions aimed at protecting a person from family violence. You can apply for an order through Victoria Police, who often make applications on behalf of victims, or you can apply directly to the Magistrates Court. Police can also issue a short-term Family Violence Safety Notice at the scene which can lead to an application to court.
Court orders can include conditions excluding a person from the home, requiring them to stay away, or setting how and when belongings can be collected. Police can also remove a person from the premises in some circumstances. The specific outcome depends on the evidence, the safety needs of occupants and the court s assessment.
Breaching an intervention order is a criminal offence. If a breach occurs you should call police immediately. Breaches can lead to arrest, criminal charges and further court orders. Keeping records and reporting breaches promptly helps enforcement.
Yes. Criminal offences such as assault, threats, sexual offences, stalking and property damage are dealt with by police and prosecutors. You can seek an intervention order for protection while the criminal justice process proceeds. A lawyer can help you understand both processes and coordinate evidence.
Family violence is a significant factor in parenting decisions under the Family Law Act. Courts will prioritise the child s best interests and consider family violence in determining with whom the child should live, time spent with each parent, supervised contact and safety measures. Seeking family law advice is important if children are involved.
False allegations can occur, but courts assess evidence and cross-examine witnesses. Making a knowingly false statement is a serious matter and may expose the maker to legal consequences. If you have been falsely accused, obtain legal advice promptly to defend your interests and protect your record.
Private lawyers charge different fees depending on experience and services. Legal Aid Victoria provides information and may offer grants of legal assistance for eligible people who cannot afford a lawyer, particularly in family violence, child protection and criminal matters. Community legal centres and specialist family violence lawyers may provide low-cost or free help. Ask any lawyer about fees, what is included, and whether they offer an initial free or low-cost interview.
Useful evidence includes dated photos of injuries or property damage, medical reports, police reports, screenshots of threatening messages, voicemail or call logs, witness statements, diary entries recording incidents, CCTV footage, and any formal records of police or emergency service attendance. Preserve evidence when safe to do so - take copies and keep originals secure. Your lawyer can advise which items are most relevant.
Emergency services - call 000 if you are in immediate danger.
Victoria Police - for reporting incidents and obtaining immediate police protection and Family Violence Safety Notices - use the emergency number for urgent matters or the non-emergency line for other assistance.
Safe Steps Family Violence Response - statewide 24/7 Victorian service for crisis support and referrals to emergency accommodation and safety planning - phone their crisis line.
1800RESPECT - national sexual assault, domestic and family violence counselling and information service available 24/7.
Legal Aid Victoria - information, legal advice and possible legal assistance for eligible clients in family violence, family law and criminal matters.
Aboriginal Family Violence Prevention and Legal Services - for Aboriginal and Torres Strait Islander people seeking culturally informed legal and support services.
Community legal centres - many provide free or low-cost legal advice and family violence assistance in the Melbourne area.
Translating and Interpreting Service - if English is not your first language, use accredited interpreter services when contacting police, courts or legal services.
Court support and advocacy services - local courts may have family violence lists and support services to help people through court processes.
If you are in immediate danger - call 000. Your immediate safety is the priority.
Find a safe place - if possible go to a trusted friend or family member s home or to emergency accommodation arranged by crisis services. Do not delay seeking safety for fear of losing belongings - personal safety comes first.
Contact police - report incidents so there is an official record and so police can take immediate protective steps if needed. Ask about Family Violence Safety Notices and intervention order applications.
Seek medical care - for any injuries and to obtain medical records that can later be used as evidence.
Collect and preserve evidence - when safe to do so, make copies of messages, take photos, keep medical records and write a dated account of incidents.
Get legal advice - contact Legal Aid Victoria, a community legal centre or a specialist family violence lawyer to discuss intervention orders, criminal matters, family law consequences and your legal options. Ask about costs, confidentiality and representation in court.
Use local specialist supports - call family violence helplines and local specialist services for safety planning, counselling and help accessing emergency accommodation, financial assistance and other supports.
Prepare for court - if an application proceeds, work with your lawyer or support service to prepare your evidence, understand what will happen at hearings and arrange a support person to accompany you if possible.
Remember that help is available and you do not have to manage this alone. Seeking support from police, legal advisers and specialist family violence services will help protect your safety and guide you through legal options in Clayton and the wider Victorian system.
