Family Violence Legal Process
The Family Violence Legal Process
Criminal Offences
(i) Complaint
Criminal matters involving offence against a person (as opposed to where there is no complainant) usually commence with a complaint being made to the Police. This is normally made in the form of a sworn written statement if the complainant is an adult, or a recorded video statement if the complainant is a child or vulnerable in some manner.
(ii) Investigation
The Police officer who is responsible for conducting the investigation is called the ‘Informant’. The Informant will investigate the allegations made and gather evidence, sometimes provided by the complainant, and compile a ‘Brief of Evidence’.
These investigations can include obtaining telephone or bank records, reviewing CCTV footage or having the complainant conduct a ‘pre-text call’ which involves calling the accused and putting the allegations to them and recording their answers in the conversation.
(iii) Record of Interview
The Informant will put the allegations to the accused person in a recorded ‘Record of Interview’ where they have the opportunity to respond and, should they wish, give their version on events. It is extremely important to get legal advice prior to participating in an interview, as the answers can have a significant impact on the running of the case.
Depending on the circumstances and urgency of the investigation, the Informant may interview the accused at the beginning of the investigation (eg an allegation of unlawful assault which occurred the night prior) or towards the end (eg a historic allegation of sexual abuse).
(iv) Authorisation or non-authorisation of charges
Having completed their brief of evidence, the Informant will submit it to their superior officer with their recommendation for review and either authorisation or non-authorisation of the charges.
If the charges are authorised, the Informant will obtain a Court date and serve the relevant paperwork on the accused. If charges are non-authorised, the investigation is closed.
(v) Court
If charges have been issued, the Informant must provide a copy of the brief of evidence to the accused or their legal representative, from which advice can then be given.
For more information on Family Violence legal matters and how Anthony Isaacs Criminal Lawyers can support, please visit our dedicated page.
