Have you been charged with family violence offences?
We can help you.
We are family violence lawyers who can help you if you have been charged with family violence offences.
It is important you get legal advice as soon as possible. We deal with family violence matters and FVRO’s regularly. We understand the law and how it applies to defending these charges.
There are many important issues in family violence matters such as;
Whose version of events is the truth?
These types of offences are usually committed in private and it often comes down to who is telling the truth. Often the person with the FVRO order makes contact with the accused when they should not be.
How did it end like this?
Family violence charges frequently arise out of relationships that started well. It is important to explain what has gone wrong to the Judge so they can understand your point of view.
How do we show the Court it is not going to happen again?
This is crucial in situations where there have been ongoing breaches of FVRO orders. The Court needs to know its orders will be followed and what steps you have taken to change your behaviour.
The actual circumstances of the case will determine the penalties imposed by the court.
In the instance that a child family member experiences or is exposed to family violence as a result of the restraining order breach, the court may impose more severe penalties.
Have you been accused of the Breach of an FVRO?
If you have, you must speak to an experienced breaching FVRO’s lawyer before you speak with the police. Allegations of breaches of FVRO are taken seriously by the police and courts and depending on the surrounding circumstances, can lead to the police making an application to have you remanded. The police normally act swiftly with these sorts of allegations. In some circumstances, it is worth preparing for a bail application.
Police Interview
If a protected person listed on an FVRO makes a complaint to the police that you breached the conditions of the order, the police will contact you to interview you about the allegations. What you say in the interview could impact how your matter proceeds. The police may not have anything to prove the allegation, so it is important you do not say anything which can fill the gaps in their investigation.
Whilst an FVRO is a civil order, breaching an FVRO is a criminal charge. You should contact us as we have experience in defending breaching charges.
Pleading Not Guilty
Some breaches of FVRO are easy to prove (for example sending a text message when communication is not allowed). Some come down to word on word. If you wish to contest a charge of breach of FVRO, it is important that you understand your options. We appreciate the existing tension and stress in the context of FVROs between people and are experienced in defending these allegations.
We will look at the brief of evidence and request any outstanding disclosure material so you know the strength of the case against you. We consider important factors such as:
How do the police allege the breach happened?
What evidence do the police have to support the allegations?
Is there any evidence which needs to be preserved?
Are there any witnesses whom police have not spoken to who may shed light on the allegations?
Was there a proper service of FVRO before the alleged breach occurred?
Was there a family court order or directions suspending some of the FVRO’s conditions
Pleading Guilty
We appreciate that it can be difficult to comply with an FVRO and people commonly breach them.
Perhaps the protected person encouraged contact?
Maybe you misunderstood the terms of the FVRO.
We know that there is context which needs to be carefully explained to the court. We can identify why you breached the conditions and put it into context for the court to understand.
If you have been charged with breaching an FVRO, you need clear advice on the best possible outcome and how to be prepared for your plea hearing to achieve the best possible result. We will refer you to the appropriate program to address the issues that gave rise to the offending behaviour, assist you in gathering character references or suggest you attend specific counselling.
The WA Police can investigate all reports regarding the breach of a restraining order or the suspected violation of an order. The penalties for the breach can vary based on the circumstances. If the person in question has breached a restraining order more than once in the past two years, they can be treated as a repeat offender. In the case of repeat offenders, the court is obligated to impose a sentence that includes a term of suspension or immediate imprisonment.
