Best Domestic Violence Lawyers in Lilydale

About Domestic Violence Law in Lilydale, Australia

Domestic violence, often referred to as family violence in Victoria, includes abusive behavior by one person towards another in a family, household, or intimate relationship. In Lilydale, a suburb of Melbourne, domestic violence is taken very seriously and is addressed under the Family Violence Protection Act 2008 (VIC). Actions considered as domestic violence can include physical assault, emotional abuse, threats, coercion, economic control, stalking, and damage to property. The aim of the law is to protect individuals from harm and create a safe community.

Why You May Need a Lawyer

Seeking legal advice in domestic violence situations is important because these cases are often complex and emotionally charged. Common circumstances where individuals may require a lawyer include:

• Needing protection from an abusive partner, family member, or household member
• Being served with a Family Violence Intervention Order and wanting to understand your rights and responsibilities
• Having to respond to allegations of domestic violence or defend against an intervention order
• Needing help navigating child custody, property disputes, or divorce related to family violence
• Wishing to ensure your safety or that of your children through a legal order
• Facing police charges relating to alleged domestic abuse

Lawyers can provide guidance, represent you in court, explain your legal options, and help you understand the complex processes involved.

Local Laws Overview

In Lilydale, domestic violence is subject to Victorian law. The Family Violence Protection Act 2008 provides the main legal framework. Key aspects include:

• Family Violence Intervention Orders (FVIO): These are orders made by a court to protect a person from family violence. They may place restrictions on the behavior of the respondent (the person accused of family violence), such as prohibiting them from contacting or approaching the protected person.
• Police Powers: Police in Victoria can issue Family Violence Safety Notices for immediate, temporary protection and can arrest individuals where there is a risk of further harm.
• Definition of Family Violence: The law recognizes not only physical violence but also psychological, emotional, and economic abuse as forms of family violence.
• Children as Protected Persons: Children exposed to domestic violence can also be protected by intervention orders, whether or not they are direct victims.
• Criminal Offences: Breaching an intervention order is a criminal offence and can lead to arrest, charges, and further penalties.
• Family Court and Magistrates' Court: Cases may be heard in different courts depending on the issues involved, such as intervention orders, parenting, and property matters.

Frequently Asked Questions

What is considered domestic violence in Lilydale?

Domestic violence includes any behavior that is controlling, threatening, physically abusive, sexually coercive, emotionally abusive, or economically controlling. It does not have to be physical to be illegal.

What should I do if I feel unsafe at home?

If you feel threatened or unsafe, call the police on 000 immediately. You can also approach the local Magistrates' Court to apply for an intervention order for your protection.

How do I apply for a Family Violence Intervention Order?

You can apply for an intervention order at your local Magistrates' Court. The process involves filling out an application form, attending a court hearing, and possibly providing evidence of the violence or abuse.

Can the police help me if I am experiencing domestic violence?

Yes, police in Lilydale can help you immediately, issue a Family Violence Safety Notice, assist with safety planning, and help you apply for an intervention order.

What happens if someone breaches an intervention order?

Breaching an intervention order is a criminal offence. The police can arrest the breaching party, and the matter may be prosecuted in court, with penalties including fines or imprisonment.

Can men be victims of domestic violence?

Yes, anyone can be a victim of domestic violence, regardless of gender, age, or background. Support services and legal remedies are available to all victims.

Are children protected under domestic violence laws?

Yes, children can be included in intervention orders as protected persons if they are exposed to or at risk of family violence.

What support services are available in Lilydale?

Support services in Lilydale include counseling, crisis accommodation, and legal assistance. See the Additional Resources section for agencies offering help.

Can I get legal aid for a domestic violence matter?

Legal Aid Victoria can provide free or low-cost legal advice and representation to eligible individuals involved in domestic violence cases.

Do I have to go to court?

In many cases, you will need to attend court, especially if you are applying for or responding to an intervention order. However, your lawyer may be able to represent you or make arrangements for some matters to be dealt with on your behalf.

Additional Resources

If you are experiencing domestic violence in Lilydale, the following organizations may be able to help:

• Victoria Police: In emergencies, call 000. For non-urgent assistance, contact your local police station.
• Eastern Community Legal Centre (ECLC): Provides free legal advice and support in the Lilydale area.
• Victoria Legal Aid: Offers legal information, advice, and representation for eligible people.
• Safe Steps Family Violence Response Centre: 24-hour support, information, and refuge accommodation.
• The Magistrates' Court of Victoria: Local courts can process intervention order applications and hearings.
• Victims of Crime Helpline: Provides information, referrals, and support for victims of crime, including family violence.
• Family Violence Support Services: Access counseling, crisis accommodation, and other support.

Next Steps

If you or someone you know is experiencing domestic violence in Lilydale, taking prompt action is important. Here is what to do next:

• Prioritize your immediate safety. Contact Victoria Police on 000 in an emergency.
• Reach out to a local support organization or legal service for advice and assistance.
• Consider applying for a Family Violence Intervention Order at your local Magistrates' Court.
• Seek professional legal advice to understand your rights, obligations, and options.
• Collect evidence of abusive behavior, where safe and possible, such as messages, photographs, or witness statements.
• Make use of available support services for counseling, housing, and practical support.

Remember, you are not alone, and there are legal protections and support services available to help you move towards safety and resolution.