FAIR DINKUM LEGAL
Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice. Read full disclaimer →

Australian Family Law — General Information

What if I'm falsely accused of domestic violence?

Short Answer

You must respond through the court process and present evidence. Allegations can affect interim parenting arrangements before a final hearing where evidence is tested.

The Legal Position

Allegations are considered under s 60CC. At interim hearings, courts often take a cautious approach based on risk (see Goode & Goode (2006)). This means arrangements may be conservative until evidence is tested at a final hearing. Evidence, affidavit material, and communication records are critical from the start.

  • s 60CC Family Law Act 1975 (Cth)
  • Goode & Goode (2006) FLC 93-286 — interim hearing risk approach

Watch

George v Rocket - challenging IVO allegations

Allegations vs substantiated findings

False allegations taking resources

Allegations treated as fact in court

Burden of proof and evidence standards

Pleading to unspecified allegations

IVOs don't require evidence

What false DV accusations mean

Defending against domestic violence allegations

Do not ignore allegations. The way you respond from day one shapes the case.

Why trust Fair Dinkum Legal →
Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice. Read full disclaimer →