Family violence is a serious problem impacting people and families in many countries around the world.
In Australia, the Family Violence Protection Act 2008 (FVPA) enables a variety of protections for victims of abuse and rights for people accused of committing family violence. It is important to know who to seek assistance from and the court procedure when applying for protection or when an application for protection is made to you.
Experienced family violence lawyers in Melbourne assist victim-survivors and respondents throughout the legal process. They help clients understand their rights, the intervention order process and how to manage the overlap of family violence, child protection and family law issues. The purpose of legal representation is to ensure that court proceedings are correct and that the outcome is fair for each case.
Who Family Violence Lawyers Help
Family violence lawyers work with a wide range of clients. A lawyer can assist victim-survivors to apply for a Family Violence Intervention Order, prepare evidence for court and ensure the right protections are put in place for themselves and their children. This includes physical, emotional, psychological and financial abuse.
Respondents who have had an intervention order application made against them are also represented by lawyers. The respondent’s lawyer will advise you of the consequences of the order, discuss the choices you have and attempt to work out conditions which are suitable and proportionate to the situation. It is important to know the conditions and comply with them, as breaching an intervention order is a criminal offence in Victoria. Lawyers also assist people with specialised needs, such as people experiencing cultural barriers, language difficulties or the intersection of family violence with matters of immigration or housing.
How the Court Process Works
Family violence intervention order cases are primarily heard in the Magistrates’ Court of Victoria. It’s a civil process but an order can be violated with criminal penalties.
The Application and Safety Notice
The process usually starts when police attend a family violence incident and issue a Family Violence Safety Notice to protect the family member affected. This notice is a temporary intervention order until the matter is heard in court, as Victoria Police states in its guidance on safety notices. Or an affected family member or their lawyer can apply directly to the court for an intervention order without police involvement.
The First Mention
The first court appearance, called the mention, is usually within 14 days of the application being lodged. Now the magistrate considers the application and can pass an interim order to protect the affected family member till the final order is passed. Usually the respondent must be present in person, while the family member impacted can generally participate remotely for their physical safety.
Respondent Options
The respondent has many legal options available to him before or during the citation:
- Respondents may admit to the specific allegations and consent to the order,
- Give a formal undertaking to the court in lieu of the order, or
- Oppose the application, which will set the matter down for a contested hearing.
It is important for the respondent at this stage to seek legal advice as to the best way of protecting their interests and minimising the risk of further legal action.
The Final Hearing
If the respondent objects to the application, the matter goes to a final hearing. Both sides present evidence which may include witness statements, police reports and other supporting material. The magistrate then decides whether there is family violence or it is likely to happen and whether an intervention order is necessary for the protection of the family member affected. If the order is made, it contains some conditions that the respondent must abide by, including that he or she does not contact, approach or communicate with the protected person within a certain distance.
Conclusion
Everyone affected by family violence has legal and personal repercussions. If you are a victim-survivor seeking protection or a respondent to an application for an intervention order, having had legal representation means that the process will be handled fairly and your rights will be adequately protected. If you are involved in a family violence matter in Victoria, early legal advice will assist you in understanding what your options are and how to prepare for each step of the court process.
