Domestic violence related matter
When conflict arises within a family or an intimate relationship, once the conduct involved entails violence, threats, intimidation, harassment, control, or makes the other party feel unsafe, the matter may fall within the legal framework of family violence and apprehended violence orders.
Family violence is not limited to physical assault. From a legal perspective, the focus of family violence is not only on “whether someone was hit”, but also on whether the conduct places the other party in a state of fear, lack of safety, or control. Particularly in the context of partners, former partners, family members, or shared-living relationships, the courts and the police generally place greater weight on potential risk, rather than on a single incident alone.
In practice, family violence matters usually involve several dimensions at the same time:
The police may apply for an apprehended violence order (AVO) restricting contact on behalf of the protected person, and even if that person later does not wish to pursue the matter, the case will not necessarily end automatically;
If the incident involves assault, threats, property damage, stalking, or breach of an order, the matter may also carry criminal charges;
The conditions of an AVO may directly affect living arrangements, methods of contact, the handover of children, employment, visas, and future background checks;
If handled poorly, even what began as a protection-order matter alone may become a new criminal case through a breach of the AVO.
NS Legal’s family law team will help you understand exactly what your matter involves: whether it is purely an AVO, an AVO together with criminal charges, or one that also affects family law, parenting arrangements, visas, or employment. We approach matters from the overall picture, helping clients assess their current risk, understand the likely course of the proceedings, and reduce the impact on their life and future as far as the law permits.
How are domestic violence allegations handled?
Family violence matters are generally dealt with through two different legal pathways that may nonetheless exist at the same time:
Category one: the protective pathway – the apprehended violence order (AVO)
Category two: the criminal pathway
If the court considers it necessary to reduce future risk through an order, it will issue an AVO.
If the police consider that certain specific conduct already amounts to a criminal offence — for example, assault, threats, stalking, or property damage, or breach of an existing order — they may lay criminal charges.
A single incident may give rise to several different situations:
- Only an AVO, with no criminal charges;
- Both an AVO and a criminal case at the same time;
A new criminal charge triggered by a breach of an AVO.
Frequently Asked Questions
Does a domestic violence matter always lead to criminal charges?
Not necessarily.
A family violence matter does not automatically amount to a criminal case. For some matters the central concern is protective risk management — for example, applying for or enforcing an apprehended violence order (AVO) — where the focus is on preventing future risk and protecting the safety of those involved, rather than on imposing criminal liability.
However, if the incident itself involves specific unlawful conduct — for example, assault, threats, stalking and harassment, property damage, or an ongoing pattern of controlling behaviour — the police may also lay criminal charges. In other words, the same family violence incident may be only an AVO matter, or it may also involve a criminal case, depending on what actually occurred, the state of the evidence, and the assessment made by the police.
I have received both an apprehended violence order (AVO) and criminal charges — does this mean my matter is more serious?
It usually means the legal risk is higher, but the precise impact still needs to be assessed in light of the facts of the matter.
The purpose of an AVO is to reduce future risk, whereas criminal charges seek to hold a person accountable for alleged unlawful conduct that has already occurred. Where both legal pathways are present in a single matter, it usually indicates that the police consider there to be not only a need for protection, but also conduct that may already amount to a criminal offence.
In this situation, you will need to deal not only with the criminal proceedings themselves, but also with the effect of the AVO conditions on your living arrangements — for example, restrictions on contact, where you may live, the collection and drop-off of children, work-related dealings, or risk management in future proceedings.
If the other party does not wish to pursue the matter, will the case end automatically?
Not necessarily. This is one of the most common misunderstandings in family violence matters.
Many clients assume that, once the parties have reconciled, or once the protected person indicates that they do not wish to take the matter further, the police will automatically withdraw the case. However, in Australian family violence matters, the police and the courts are concerned not only with the current wishes of the parties, but also with whether there is an ongoing safety risk and with the public interest.
In particular, where criminal charges are involved, the matter is generally carried forward by the police or the prosecuting authority, rather than being left entirely to the other party to decide whether it proceeds.
Will a domestic violence matter affect parenting arrangements or family law proceedings?
It very likely will.
Even where the current matter arises mainly within a criminal or apprehended violence order framework, if children are involved, family law proceedings will generally pay close attention to the relevant facts.
When dealing with parenting arrangements, the court will give particular consideration to:
whether there is a risk of family violence;
whether there is a pattern of intimidation, control, or unstable behaviour;
whether there are safety concerns with the children’s contact;
whether supervised visitation or adjustments to contact arrangements are required.
Will a domestic violence matter affect a visa, employment, or professional qualifications?
It may, particularly where criminal charges or a criminal conviction are involved.
The degree of impact varies from matter to matter, but the risks commonly seen in practice include:
affecting a visa application or migration status;
giving rise to character test concerns;
affecting a professional licence, occupational registration, or industry compliance requirements;
leaving an adverse record in pre-employment background checks.
For non-citizens, those working in regulated industries, or clients who are currently dealing with migration matters, this kind of impact particularly needs to be assessed at an early stage.
Should I deal with the apprehended violence order first, or the criminal case first?
This depends on the structure of the matter and cannot be answered in a one-size-fits-all way.
For some matters, the core risk lies in the criminal charges themselves; for others, it is the conditions of the apprehended violence order that have a more direct impact on everyday life — for example, being unable to return home, being unable to contact one’s children, or having work arrangements disrupted.
In more complex matters, the two often need to be handled in parallel: assessing the overall current risk, the procedural pathway, and the long-term consequences together, because a decision or statement made in one proceeding may affect the outcome of the other.
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