VIC What Constitutes a False Report in Family Law?

[Jawnnu]

Hi,

I'm acting as sort of the middleman witness in a recent report filed to the police on Family Violence. No charges have been placed yet, though I fear the reporting individual might be wrongfully charged. I want to explain further though before I ask for help.

To clarify, I am the son of the reporting individual we will call R. The reported individual we will call M.

R made a report to the police at night that she felt scared, unsafe, and insecure within the premises of her own home directed at M, despite the lack of any physical violence involved at the current time (as I was there). Any arguments involved were mainly verbal with R's mental state appearing worse after conflicting with M.

My question is, would this fall under a false report of Family Violence under family law? If so, what are the extent of the charges held by a false report not created by any sign of malice, but rather a misinterpretation of the situation at hand?

Would appreciate if a quick reply was given.

Thanks.

 

[AllForHer]

I don't understand. What's the false part of it? Has someone said M was physically violent when he wasn't?

 

[Jawnnu]

I don't understand. What's the false part of it? Has someone said M was physically violent when he wasn't?

Sorry, maybe I phrased it wrong. What I'm asking is if the report would fall under Family Violence despite having no physical violence involved.

EDIT: R did not state the general reason for the report or what to classify it under though, and she made no mention of it being a Family Violence report as there was no physical violence involved. The report is being handled under Family Violence though.

 

[AllForHer]

If they have a domestic relationship, and M caused R to fear for her safety, then yes, it's family violence.

Even if it wasn't, R wouldn't be at risk of repercussion for a 'false report'.

 

[Rod]

BTW, how old are you (<18)?

 

[Jawnnu]

BTW, how old are you (<18)?

Just 18. Haven't studied law + No idea on how law works is why I'm here today.

 

[Tim W]

First up, understand this - the making of a Family Violence Intervention Order
and the laying of a charge of assault are different things.

The intent of the former is to prevent something from happening,
whereas the latter is to deal with something that has already happened.
It's quite common for police to apply for an order on behalf of the PINOP.

All it takes to found an Order is for the PINOP* to have a reasonable concern for their safety.
It not a "charge", and not an offence, to be somebody restrained by an order of this type.
It can, however, be an offence to fail to comply with ("breach") the order.
Have a read of this.


---------------------------------------------
* Person In Need Of Protection

 

[Rod]

I'm asking is if the report would fall under Family Violence despite having no physical violence involved.

Yes it can. Physical violence is not the only criteria in Vic that enables the court to grant an intervention order.