Family Violence Charge in Victoria
The individual is facing charges of Threat to Inflict Serious Injury, Unlawful Assault, and Recklessly Cause Injury in Victoria. The court appearance is set for February 2025. The incidents involve allegations of family violence, including a history of physical harm. According to police reports, there are allegations of previous violence involving hitting and threats, though the individual believes the charges are false or exaggerated. There was one eyewitness to a recent incident where the individual allegedly pushed their spouse, but no injuries were reported. The individual has not been served with a family violence intervention order and is currently without legal representation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for family violence charges in Victoria?
In Victoria, penalties for family violence charges can be severe, particularly with a history of multiple incidents. For charges such as "Threat to Inflict Serious Injury", "Unlawful Assault", and "Recklessly Cause Injury", penalties can range from fines to imprisonment. For example, recklessly causing injury may lead to up to 5 years in prison, while unlawful assault could result in a penalty of up to 2 years' imprisonment. The court will consider the severity of the incidents, past history of violence, and any aggravating factors.
How does a family violence charge impact custody arrangements if there are children involved?
In family law proceedings, a family violence charge can significantly influence custody arrangements. The court prioritizes the child's best interests, which includes their safety and wellbeing. A history of family violence may result in restrictions on parental responsibilities or influence the court's decision on custody and visitation rights.
Are there any defences available that could potentially be used in a family violence case?
Potential defences in a family violence case can include self-defence, lack of intent, or false accusations. Self-defence may be argued if there was a belief that it was necessary to protect oneself from harm. Lack of intent may apply if there was no intention to cause injury or distress.
What should be done if there is a belief that the charges are false or exaggerated?
If there is a belief that the charges are false or exaggerated, it’s crucial to seek legal advice to understand rights and options. Gathering evidence to support the version of events, such as witness statements or communication logs, is important.
