Family Violence is a broad description for conduct as defined in the Family Violence Act 2004. In Tasmania it only refers to conduct against a person's spouse or relationship partner, not another family member.
Family violence includes conduct such as assault, sexual assault, aggravated assault, threats, coercion, intimidation, verbal abuse, abduction, stalking, rape, economic abuse, emotional abuse and intimidation, breaching a family violence order, or damaging property.
Any charge involving family violence is considered to be very serious. It can mean that your case has to go to the Supreme Court, although most cases are still heard in the Magistrates Court. There are a range of things than can happen if you are charged with a family violence offence, including:
Family violence allegations often result in the defendant being remanded in custody because of Tasmania's strict bail laws. It is important that you obtain early legal representation to make sure your rights are protected and to give yourself the best chance of a good outcome.
Family violence offences are considered to be very serious and long sentences of imprisonment can apply depending on the circumstances of the case. Breaching a family violence order is itself a serious offence with a penalty regime that increases if a person has prior convictions. For example, for a fourth or subsequent breach of a family violence order, the maximum penalty is five years jail.
It is not possible to be specific about penalties for family violence in general because it covers such a broad range of conduct and circumstances. Your personal circumstances and history will be taken into account and it is important to be represented so that your situation can be properly explained.
The Family Violence Act makes it difficult to get bail if you are charged with a family violence offence. Section 12 of the Family Violence Act says:
A person charged with a family violence offence is not to be granted bail unless a judge, court or police officer is satisfied that release of the person on bail would not be likely to adversely affect the safety, wellbeing and interests of an affected person or affected child.
While this makes bail applications for family violence offences harder than for other offences, it is not impossible to be granted bail. If you know someone who needs help with a bail application please get in touch today.
The potential impact of a family violence charge can be life-changing. It can interfere with your ability to work, live and be in the community. It is crucial that you get expert legal advice at an early stage, and if charged, get representation as soon as you can. Legal Aid is often available for people who are charged with family violence offences. Read more about Legal Aid funding here.
I can provide you with advice about your charge and the potential defences that might apply in your situation. I can appear for you at each court appearance including at the hearing or trial of the case if you plead not guilty. Because I am both a barrister and solicitor, I can handle the case for you from start to finish. If you would like to discuss this type of case with me please get in touch to discuss it and my costs. My first appointment is free of charge.
If you or someone you know is remanded by police on a family violence charge, you will be taken before a Magistrate where you can apply for bail. I can help you or your loved one apply for bail - ask the police or the reception prison to call me and I can help you or the person you know on an urgent basis.
I can appear for you to vary the conditions of a family violence order or to have it revoked. I can also help you when an interim order is first imposed to negotiate with police or argue that it should not be imposed on a final basis.
Legal Aid is often available for people who are charged with family violence offences. I take on Legal Aid cases and can apply for aid and represent you from start to finish. Read more about Legal Aid funding here.
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