Dealing with Legal Costs in Domestic Violence Cases

Across all socioeconomic and demographic groups, family, domestic, and sexual violence is a major welfare issue in Australia.

According to the 2021-22 Personal Safety Survey (PSS), approximately 3.8 million Australian adults– roughly 20% of the population, reported experiencing physical and/or sexual domestic violence since the age of 15. The survey revealed several shocking statistics, with the most compelling being:

• 1 in 6 women and 1 in 18 men experienced physical and/or sexual violence by a current or previous cohabiting partner.
• 1 in 4 women and 1 in 7 men experienced emotional abuse by a current or previous cohabiting partner.
• 1 in 6 women and 1 in 13 men reported experiencing economic abuse by a current or previous cohabiting partner.
• 1 in 5 women and 1 in 16 men have experienced sexual violence by any perpetrator.



While the survey indicated an improved understanding of domestic violence, particularly violence perpetrated against women, some findings remain deeply concerning. They highlight significant areas in need of improvement, especially regarding societal attitudes and norms that continue to magnify the issue.

Alarmingly, up to 41% of victims did not know where to access help for domestic violence cases, underscoring how inaccessible and inequitable the legal system remains, particularly for women, Indigenous Australians, and LGBTQIA+ individuals attempting to leave abusive situations.

Without proper legal access and representation, victim-survivors of domestic violence risk facing unjust legal outcomes– including the imposition of inappropriate orders, the removal of their children, and in unfortunate cases, even imprisonment.

Understanding How the System Works

Women leaving domestic violence situations often need to navigate the family law system to seek the necessary guidance to resolve issues related to the violence, such as parenting arrangements, child support, and property settlements.

Currently, there are several avenues available for accessing legal assistance, including but not limited to, federally funded Legal Aid, community legal centres, and private legal representation. However, there are significant challenges in obtaining free legal support, often requiring victim-survivors to incur out-of-pocket expenses.

According to Women’s Legal Services Australia, as of 2023, an estimated 52,000 women were turned away from women’s community legal centres, more than double the number those centres were able to assist.

This leaves many victims with few viable options: they may be forced to represent themselves in court, go into substantial financial debt to cover legal fees, or even remain in unsafe relationships due to the unavailability of services.

Perpetrators can also misuse the legal system to continue inflicting harm beyond physical violence. Examples of this include:

• Deliberately running up victims’ legal fees.
• Delaying legal procedures.
• Harrassing victims with excessive legal letters.
• Dragging out legal proceedings to bankrupt the victim-survivor.



What’s more, in Australia, there is a group often referred to as the “missing middle” – an estimated 85% of Australians whose incomes are too high to qualify for free legal aid but who cannot afford the cost of private legal services.

Legal Costs Associated with Domestic Violence Cases

Victim-survivors of domestic violence who fail to qualify for legal assistance may face six-figure legal bills, up to $200,000 or more. The cost of hiring a good criminal or family lawyer starts at upwards of $150 an hour, whereas a high-profile lawyer may cost up to $5000 hourly.

Moreover, in some legal cases, the party successful in the proceeding may have their costs covered through a “costs in the cause” order. Lawyers bill not just just for courtroom representation, but also for the preparation of the case beforehand, the meetings, interviews, document drafting, and more.

While some firms may offer a “no win, no pay” service, many victim-survivors seeking representation may still end up paying some of the court costs.

How Law in Check Can Support You

As a Melbourne-based legal cost consultancy service, we assist individuals including those affected by domestic violence in managing as well as challenging excessive and unjust legal fees. Our support services include:

• Auditing legal invoices to identify and contest unreasonable charges.
• Providing expert legal advice to reduce legal bills for victim-survivors who have been overcharged.
• Offering free initial consultations to review legal fees.



Our team of cost lawyers strive to assist victim-survivors of domestic violence to understand, estimate, and manage legal costs. In cases where legal fees are deemed recoverable, our team will do whatever it takes to ensure an appropriate reimbursement for the victim-survivor.

For those facing financial hardship due to the excessive costs of domestic violence legal representation, it is beneficial to undertake a cost assessment to review and challenge excessive legal fees from a prior representation.

If you are currently involved in a domestic violence legal proceeding and would like to confidentially seek a second opinion, do not hesitate to contact Law in Check for assistance.

We are committed to supporting victim-survivors of domestic violence in their pursuit of justice and fair legal treatment within the existing legal system.