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Free Guide to Hiring a Family Lawyer
Domestic violence, also called family violence in Victoria, refers to a pattern of behaviour by a family member, partner or someone in a close relationship that causes another person to fear for their safety or wellbeing. In Box Hill South, which sits within the City of Whitehorse in metropolitan Melbourne, responses to domestic violence are handled through a combination of police action, state legislation, courts and local support services.
Victorian law recognises that domestic violence can be physical, sexual, emotional, psychological, financial or involve technology-facilitated abuse such as stalking or image-based abuse. People affected by domestic violence may access immediate police protection, apply for civil intervention orders in the Magistrates' Court and in some cases pursue criminal charges against the perpetrator. Local community agencies, courts and government services work together to provide safety planning, legal assistance and support.
Domestic violence matters often involve urgent safety issues, complex legal processes and potentially long-term consequences for parenting, housing and finances. A lawyer can help you understand your legal options and protect your rights. Common situations where legal help is needed include:
- Seeking an intervention order to protect yourself and your children.
- Responding to an intervention order that has been made against you.
- Dealing with criminal charges arising from an incident of family violence - either as the alleged victim or the accused.
- Addressing family law matters where family violence affects parenting arrangements or property disputes.
- Negotiating urgent arrangements about who stays in the family home, access to money and personal belongings.
- Preparing evidence and representations for court, or obtaining advice about breach penalties and enforcement.
Lawyers can also advise on evidence collection, safety planning, how court procedures work, and whether you qualify for legal aid or a duty lawyer at court.
Main statutory framework - Family Violence Protection Act 2008 (Victoria): In Victoria, family violence is addressed primarily under the Family Violence Protection Act 2008. That Act sets out powers for police, options for safety notices, and the processes for applying for family violence intervention orders (FVIOs). An FVIO can include conditions that restrict contact, require a person to leave the home or stay away from certain places or people.
Police powers and safety notices - Police may issue short-term safety notices to protect victims immediately following an incident. They can also charge and prosecute criminal offences such as assault, sexual offences, stalking, threats and contraventions of intervention orders. In urgent situations police can apply to the court for interim orders or arrange for a person to be removed from the home.
Courts - Intervention order applications are usually heard in the Magistrates' Court, including local courts servicing Box Hill South. The court can make interim orders without the other party present in urgent circumstances. Breaching an intervention order is a criminal offence and can result in arrest, fines or imprisonment.
Family law interface - Family law (federal) deals with parenting and property disputes after relationships end. Family violence is a major consideration in family law decisions about where children live and contact arrangements. Family law courts do not make intervention orders, but evidence of family violence is relevant to parenting orders, child safety and legal representation.
Child protection - If children are at risk, child protection agencies may become involved and take steps to ensure their safety, including assessments, care orders or referrals to support services.
Legal support - Legal assistance may be available from Victoria Legal Aid, community legal centres and specialist family violence lawyers. Duty lawyers are often available at Magistrates' Courts to provide immediate advice for people attending court about intervention orders.
Family violence covers violence, threats, coercive or controlling behaviour and any conduct that causes a person to fear for their safety or wellbeing. It includes physical assault, sexual abuse, emotional or psychological abuse, economic or financial abuse, and behaviour that causes a child to be exposed to family violence. Technology-facilitated abuse such as stalking or non-consensual image-sharing is included.
An intervention order is a court order that places conditions on another person to protect you and your children - for example, prohibiting contact or requiring the person to leave the home. You can apply for an intervention order at the Magistrates' Court. If the situation is urgent, police can ask the court to make a temporary order quickly or issue a short-term safety notice. A lawyer, court staff or a community legal centre can help with the application process.
Yes. If you are in immediate danger call Victoria Police. Police can attend, separate parties, take statements, arrest a person who has committed an offence and issue safety notices. After attending, police can assist with information about how to apply for an intervention order and may support applications to court.
At a hearing the Magistrate will consider evidence from both parties and decide whether to make an order. Temporary orders can be made before a contested hearing if urgent protection is needed. If the respondent does not appear, the court may make a final order in their absence in certain circumstances. Having legal representation, support people and a clear record of incidents can help your case.
Decisions about who stays in the home are often made through intervention orders, police directions or family law/property proceedings. An intervention order can require the other person to leave the shared home. If you are a tenant or homeowner, you should get legal advice about tenancy rights, property ownership and how an order may affect living arrangements.
Children’s safety is a priority. Family violence that exposes children to harm can lead to intervention orders that include protections for them, and may involve child protection agencies if significant risk is identified. In parenting or family law proceedings, family violence is a critical factor in decisions about where children should live and who they spend time with. Seek urgent advice from a lawyer or child protection/relevant support service if you are concerned for a child’s immediate safety.
Yes. Family violence is a relevant factor in federal family law when determining what arrangements are safe for children. Courts consider family violence when making parenting orders and may impose supervised contact, no contact, or other protections. Evidence such as police reports, medical records, messages, photos or witness statements can be important.
Keep records of incidents - dates, times, what happened, injuries, photos, messages, emails and any witnesses. Preserve police reports, medical records and screenshots of abusive communication. Store evidence in a secure place and consider giving copies to a trusted person or your lawyer. Prioritise safety - if you are in immediate danger call police, and consider a safety plan for leaving, including where to go and what to take.
Costs vary. Private family violence lawyers charge fees, but you may qualify for free or low-cost legal help through Victoria Legal Aid, community legal centres or court duty lawyer services depending on your income, assets and the nature of your case. Many specialist family violence services and community organisations also provide free legal advice or referrals.
Yes. Either party can apply to the court to vary or revoke an intervention order. The Court will consider whether the change is appropriate based on current circumstances and risk. If circumstances have changed - for example if a person has moved away or circumstances have improved - seek legal advice before applying to change an order. Breaches while an order is in force can lead to criminal consequences.
These types of organisations and agencies can help people in Box Hill South. Contact the appropriate service for crisis help, legal advice or ongoing support:
- Victoria Police and local police stations for immediate safety and to report offences.
- Magistrates' Courts in metropolitan Melbourne for intervention order applications and hearings.
- Victoria Legal Aid for information about legal rights, representation and eligibility for legal aid.
- Community legal centres, including those serving the eastern suburbs, for free and low-cost legal advice.
- Specialist family violence services and crisis refuges that provide safety planning and emergency accommodation.
- Statewide and national helplines and counselling services that offer 24-hour support, advice and referrals.
- Local council programs and community health services that can assist with housing, financial support and counselling.
- Organisations offering perpetrator programs and behaviour-change interventions for people who use violence.
If you need translation or cultural support, ask for an interpreter or contact culturally specific services for culturally safe help and legal information.
If you or someone you know is in immediate danger, call emergency services now. If it is not an emergency but you need protection, consider these practical next steps:
- Contact police to report incidents and to ask about immediate protection options and safety notices.
- Seek legal advice as soon as possible - through Victoria Legal Aid, a community legal centre, or a private lawyer experienced in family violence matters.
- Prepare and preserve evidence - write an incident diary, save messages, photos and medical reports in a safe place.
- Make a safety plan - identify a safe place to go, keep essential documents and medicines accessible, and tell trusted friends or family about your plan.
- If you need accommodation or crisis help, contact local family violence services or crisis refuges for assistance with emergency housing and support.
- If children are involved and you are worried about their safety, tell police and seek advice from child protection and legal services.
- Attend court if required and consider getting a duty lawyer if you cannot afford private representation. Bring your evidence and any support person to court.
- Keep seeking support - counselling, financial advice and social services can help you rebuild stability after leaving an unsafe situation.
Legal rules and service arrangements change over time. For tailored advice about your situation, consult a lawyer or an accredited family violence legal service in your area.
