Do You Have to Answer Every Police Question?

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.

Children’s Court Victoria: A Parent’s Guide

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.

Can an Intervention Order Be Extended Beyond Its Expiry?

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.

Affray Charges in Victoria Explained

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.

Criminal Lawyer Payment Plans in Melbourne

Many criminal lawyers in Melbourne offer payment plans, letting you pay in instalments rather than one lump sum, though it varies by firm. A payment plan is a private arrangement set out in your written costs agreement, usually involving an upfront deposit and then staged payments as your case moves through court. One thing to know: criminal defence cannot be done “no win, no fee,” because conditional costs agreements are prohibited for criminal matters in Victoria. Always get the terms, and what happens if you miss a payment, in writing.