Usually, yes. A criminal record generally does not stop you leaving Australia or getting an Australian passport. The real barrier is entry to your destination, because each country decides who it lets in under its own laws. Some records affect entry to countries like the United States, Canada, and New Zealand, so the destination is what matters most.
No, you do not have to answer every police question. In Victoria you have a right to silence, so you generally do not have to answer questions about an alleged offence or take part in a police interview. There are limited exceptions: you must give your name and address when police lawfully require it, and there are specific obligations if you are driving. Beyond that, you can politely decline to answer, and your silence generally cannot be used against you. The safest response is to stay calm, give only what you must, and ask to speak to a lawyer.
The Children’s Court of Victoria is a specialist court that deals with young people, including those charged with a criminal offence in its Criminal Division. It focuses on rehabilitation rather than punishment, hearings are closed to the public, and your child’s identity is protected. The minimum age of criminal responsibility in Victoria is now 12.
Yes, an intervention order can be extended in Victoria, but there is a catch that trips people up: you must apply before it expires, while it is still in force. Under section 106 of the Family Violence Protection Act 2008 (Vic), a court can extend a family violence intervention order if it is satisfied the protected person still needs protection. Apply at least 4 weeks, ideally 8 weeks, before the expiry date, because once an order has ended it cannot be extended, and you would have to apply for a brand-new order instead.
An affray charge in Victoria is a public order offence under section 195H of the Crimes Act 1958 (Vic). It covers using or threatening unlawful violence in a way that would terrify a person of reasonable firmness present at the scene. It is an indictable offence carrying up to 5 years imprisonment, or 7 years if the person wore a face covering to conceal their identity.
