Traffic & Criminal Law
A criminal record can have serious consequences, affect your career and job opportunities, and overseas travel. If you are involved in a criminal investigation or have been charged with an offence it is vital to obtain immediate legal advice to ensure your rights and interests are protected.
Our criminal law team can assist if you are arrested, charged or under investigation for a criminal offence. We regularly appear in various courts representing our clients for a range of criminal matters.
Different types of traffic offences
Most traffic offences apply to drivers and motorcyclists.
Some of these include:
- Car accidents
- Speeding
- Careless, dangerous and hoon driving
- Driving under the influence of drugs or alcohol
- Driving without or with a suspended licence
Most traffic offences will incur a traffic infringement or fine, and loss of demerit points. You can also choose to take the matter to court instead of paying the fine. If you choose to take the matter to court, you need to decide if you are going to plead guilty or not. While you are allowed to represent yourself at court, it is recommended that you seek legal advice before your hearing.
Penalties for traffic offences
The penalties for a traffic offence will depend on the seriousness of the offence and may include:
- fines
- loss of your demerit points
- driver’s licence suspension
- vehicle impoundment
- imprisonment
If you have been charged with a serious traffic offence, you will be required to attend court. These types of offences usually include driving while suspended, excessive speeding and dangerous driving, and hoon related offences.
Your vehicle may be impounded or immobilised immediately for 30 days if you are charged with a high risk driving or hoon offence.
What is family violence?
Family violence includes emotional, financial abuse, physical violence and sexual abuse against another family member.
Family violence may also include behaviour that makes a family member fear for the safety of their property, another family member or an animal.
Who are family members?
Family members include:
- people in an intimate personal relationship – for example, married, de facto or domestic partners – regardless of whether they are in a sexual relationship
- parents, children and step-children
- relatives either by birth, marriage or adoption
- People you consider to be a family member – for example, carers, guardians or people related to you within the family structure.
The law also protects a person from anyone who was a family member in the past, for example ex-partners.
What is a family violence/intervention order?
A family violence intervention order protects family members who are being subjected to family violence.
How to apply for a family violence intervention order
You can apply for a family violence intervention order at your local Magistrates’ Court. The Police can also apply for one on your behalf. If you need urgent protection, a magistrate can make an interim intervention order. An interim order provides protection from family violence until both sides can appear at court. You can also include children who are under 18 in your application.
The person making an application for an intervention order is called the ‘applicant’. The applicant may be a police officer, or anyone seeking protection from family violence. The person who the intervention order is being brought against (the perpetrator of family violence) is referred to as the ‘respondent’.
Once an intervention order is granted by the court, the applicant becomes the ‘protected person.’
If the respondent breaks any conditions listed in an intervention order, police have the power to charge them with a criminal offence.
We understand that a criminal charge can be life changing and can provide advice and guidance to give you the best outcome possible in your circumstances. We will explain the implication of being found guilty of a charge, identify whether any defences are available, and help you through the criminal process.
If you need assistance, contact one of our lawyers at [email protected] or call 03 9338 8511 for expert legal advice.