When families have disagreements that might lead to a breakup or divorce, things can get really emotional and complicated. In Melbourne, many people are turning to family mediation instead of going to court.
Mediation is a way for families to talk things out and make decisions together in a calm setting. It helps them agree on important things like who will take care of the kids, how to split their belongings, and handle money matters.
This blog post will explain how family mediation works in Melbourne, what happens at each step, and why it’s a good choice for solving family problems.
Understanding Domestic Violence Under Victorian Law
Domestic violence is a serious issue that can take many forms, not just physical harm. In Victoria, the law recognises various types of abuse, including emotional, financial, and sexual abuse, as well as threats of violence. This broad understanding helps victims identify what they are experiencing and seek help.
Types of Abuse
- Physical Abuse: This includes hitting, slapping, or any physical harm. For example, if someone pushes or hits you, that is physical abuse.
- Emotional Abuse: This involves actions like name-calling or making someone feel worthless. An example is when someone constantly puts you down or makes you feel bad about yourself.
- Financial Abuse: This happens when someone controls your money without your permission or stops you from earning your own money. For instance, if a partner takes your money and doesn’t let you have access to it, that’s financial abuse.
- Sexual Abuse: This includes any unwanted sexual activity. If someone forces you to do something sexual that you don’t want to do, it’s considered sexual abuse.
- Threats and Intimidation: Making someone feel scared by threatening them or their loved ones is also a form of domestic violence.
Victorian law protects a wide range of people from domestic violence. It’s not just limited to spouses or partners; it includes anyone in an intimate or caregiving relationship. This means that even people who are dating or living together as roommates can seek protection if they experience violence.
If you or someone you know is experiencing domestic violence, it’s important to seek help immediately. You can contact the police or a domestic violence lawyer in Melbourne to apply for a Family Violence Intervention Order.
This order can legally prevent the abuser from continuing their harmful behaviour. Understanding these aspects of domestic violence under Victorian law helps victims recognise their situations and find the support they need to stay safe.
Types of Legal Protections Available for Victims
In Melbourne, victims of domestic violence have several legal options to help ensure their safety. Here’s a closer look at these protections:
Family Violence Intervention Orders
A family violence intervention order is a legal tool that helps keep victims safe by placing restrictions on the abuser’s actions. This order can prevent the abuser from contacting or going near the victim, and it might even require them to leave a shared home.
To get this order, victims can apply at the Magistrates’ Court, often with help from police officers or legal advisors who guide them through the process. The conditions of these orders are flexible, meaning they can be tailored to fit the specific needs of the victim, ensuring personalised protection.
Interim Intervention Orders
When someone is in immediate danger, police can issue an interim intervention order quickly. This is a temporary measure that provides fast protection while a more permanent solution is being arranged in court. Interim orders are crucial because they act as a quick response to urgent situations, giving victims immediate relief from potential harm while they wait for a full court hearing.
Personal Safety Intervention Orders
These orders are designed for people who are not in domestic relationships with their abuser, such as neighbors or acquaintances. Personal safety intervention orders provide legal protection in Melbourne against harassment or threats from someone outside the family circle. This broadens the scope of protection, acknowledging that threats and abuse can come from various sources, not just within the family.
Criminal Charges
In addition to intervention orders in Melbourne, abusers can face criminal charges if they break the law. For example, if an abuser physically harms someone or violates an intervention order, they can be charged with a crime. This approach combines civil actions (like intervention orders) with criminal actions to hold perpetrators accountable and provide victims with a strong framework for justice.
How Legal Support Can Help Domestic Violence Victims
Legal support for domestic violence victims can be incredibly important for them. Here’s how it helps:
Specialised Knowledge and Guidance
Lawyers who specialise in domestic violence cases have a deep understanding of the family violence laws and rights that protect victims. They help victims understand these rights and guide them through the legal system, ensuring that their voices are heard in court and that protective measures are enforced effectively.
Clarity and Empowerment
Legal jargon can be confusing, but lawyers break down complex terms into simple language, making it easier for victims to understand what protections are available and what steps they should take. This clarity empowers victims to make informed decisions about their safety and legal options.
Support During Legal Proceedings
During domestic abuse legal proceedings, lawyers gather evidence, represent the victim’s interests, and advocate for protective measures like intervention orders. Their expertise ensures that the legal process goes smoothly, reducing stress and confusion for the victim. Lawyers also provide emotional support, recognising that navigating the justice system can be overwhelming.
The Process of Seeking an Intervention Order
Getting an intervention order involves several steps designed to protect victims effectively:
Filing an Application
The first step is filing an application at the Magistrates’ Court. A victim can do this on their own or with help from police or lawyers. Having support from these professionals ensures that the application is completed correctly and increases the chances of getting protection quickly.
Issuing Interim Orders
After filing the application, the court may issue an interim intervention order to provide immediate protection while preparing for a full hearing. This temporary order acts quickly to safeguard the victim until a more permanent decision can be made.
Court Hearing
At the court hearing, both parties have a chance to present their case before a magistrate. The magistrate listens to both sides and reviews any evidence before deciding whether to issue a final intervention order. This thorough process aims to ensure fairness and justice for everyone involved.
Enforcement
Once an order is issued, enforcement is crucial. Police play a key role in ensuring that the abuser follows all conditions of the order. Victims are encouraged to report any breaches so authorities can respond promptly and uphold the order’s conditions.
Resources and Support Services for Domestic Violence Victims in Melbourne
Melbourne offers a variety of resources and support services to help victims of domestic violence. Here are some key services available:
1800RESPECT
This is a national helpline that provides confidential information, counseling, and support for people impacted by domestic, family, or sexual violence. It operates 24/7, meaning you can call anytime for help. The service is free and aims to support victims by offering advice and assistance in a safe and supportive manner. You can reach them at 1800 737 732.
Safe Steps Family Violence Response Centre
Safe Steps offers 24/7 specialist support services for anyone in Victoria who is experiencing or afraid of family violence. They provide immediate crisis support, information, and accommodation options. You can contact their hotline at 1800 015 188 for assistance at any time of the day or night.
The Orange Door
The Orange Door is a free service that helps adults, children, and young people who are experiencing or have experienced family violence. It also supports families needing extra help with the care of children. This service is gradually being rolled out across Victoria, providing easy access to support in various locations.
Victims of Crime Helpline
This helpline offers information, advice, and support to anyone experiencing violence or abuse in their family or personal relationships in Victoria. Available every day from 8 am to 11 pm, it connects victims with services and provides guidance on improving safety and navigating the justice system. You can contact them at 1800 819 817.
Berry Street
Berry Street provides free specialist family violence services to victim-survivors, including LGBTIQA+ people and children. They offer risk assessments, safety planning, referrals to refuges and emergency accommodation, case management, court support, and counseling services to aid recovery after violence5.
Men’s Referral Service (No to Violence)
This service offers telephone counseling for men who use violence towards family members. It operates from 8 am to 9 pm on weekdays and from 9 am to 5 pm on weekends. The service aims to help men change their behaviour and improve their relationships. You can reach them at 1300 766 491.
These resources are vital for providing immediate assistance and long-term support to those affected by domestic violence, ensuring they have access to the help they need to stay safe and recover.
Take Action for Your Safety: Get Legal Help Now
If you’re facing domestic violence in Melbourne, remember that you’re not alone. There are laws and protections to help keep you safe, like intervention orders and criminal charges against abusers. These tools are there to protect you and hold those who harm you accountable.
Getting help from a domestic violence lawyer in Melbourne who understands domestic violence is really important. They can guide you through the legal system, making sure you know your rights and get the protection you need. Working with a lawyer gives you the confidence to take action and find safety.
If you or someone you know needs help, reach out to Bardo Le Noureddine Lawyers. We can provide the support and domestic violence legal advice you need to stay safe. Call us at (03) 9304 3344 or book an appointment online. Our offices in West Melbourne, Glenroy, Springvale, and Footscray are ready to help you take the next step toward safety and peace.
