FAQ’s

DFV Lawyers is a specialist domestic and family violence law firm focussed on:

1. Legal Advice and Court Representation: Assisting individuals of all genders,
including non-binary and LGBTQ, with expert legal support and advocacy.

2. Safety and Protection: Securing Family Violence Intervention Orders to
protect individuals from further harm.

3. Intervention Orders: We assist in family violence matters by securing Family Violence Intervention Orders to protect individuals from further harm.

4. Advocacy and Empowerment: We represent both Applicants and
sometimes Respondents, our goal is to protect and empower clients as they navigate the legal system. We advocate for victim-survivors within the legal system, ensuring their voices are heard and collaborating with other professionals, such as social workers and counsellors, to create a comprehensive support network.

5. Guidance Through Legal Processes: We explain legal procedures to victim-survivors, helping them understand what to expect and providing support throughout their legal journey.

6. Education and Awareness: We strive to inform individuals and communities about the legal aspects of domestic and family violence, highlighting the legal protections available to victim-survivors.

Domestic Violence

• Refers specifically to abuse between intimate partners current or former spouses, de facto partners, or dating relationships.
• Includes physical, emotional, sexual, financial, and psychological abuse.
• Often involves coercive control, where one partner uses patterns of behaviour to dominate the other.

Family Violence

• A broader term that includes violence between any family members, not just intimate partners.
• Can involve abuse between:
  • Parents and children
  • Siblings
  • Extended family (e.g. in-laws, grandparents)
• Recognises that children who witness violence are also victims.

Family violence in Australia is defined as any behaviour that causes fear, harm, or control within a family or family-like relationship. It’s not limited to physical abuse and it doesn’t have to leave bruises to be serious. Here’s what it can include:

Types of Family Violence

• Physical abuse: Hitting, choking, pushing, or threats of violence
• Emotional or psychological abuse: Intimidation, humiliation, manipulation, gaslighting
• Sexual abuse: Any unwanted sexual activity, coercion, or assault
• Verbal abuse: Insults, yelling, threats, or degrading language
• Social abuse: Isolation from friends, family, or community
• Financial abuse: Controlling access to money, stealing, or withholding financial information
• Spiritual abuse: Preventing religious or cultural practices, or using beliefs to justify control
• Technology-facilitated abuse: Monitoring devices, sharing private content, or online stalking
• Stalking and harassment: Repeated unwanted contact or surveillance

Victims of domestic violence can access several legal protections:

Protection Orders: Family Violence Intervention Orders and Personal Safety Orders depending on the state. These orders restrict the perpetrator from contacting or approaching the victim.

Criminal Charges: Perpetrators may face fines, imprisonment, or both.

Family Law Orders: Courts can issue parenting orders that prioritise child safety over parental contact.

There are two types of Intervention Orders

1. Family Violence Intervention Order: This type of order is designed to protect individuals from a family member who has committed acts of violence or poses a threat of violence. It can include conditions to prevent the family member from contacting or approaching the victim.

2. Personal Safety Intervention Order: This order protects individuals from someone who is not a family member but who has engaged in harassing, stalking, or threatening behaviour. It aims to ensure the safety and well-being of the individual by imposing restrictions on the respondent’s actions.

The court process for obtaining a Family Violence Intervention Order typically involves several key steps:

1. Application: The applicant (the person seeking protection) fills out an application form detailing the respondent’s (the person causing harm) behaviour and the need for protection. This form is submitted to the local Magistrates Court.

2. Supporting Evidence: The applicant provides supporting evidence, such as statements, text messages, emails, medical reports, or police reports, to substantiate their claims.

3. Report the matter to the Victoria Police and seek a call-out.

DFV Lawyers first contends that it is highly advisable to seek legal advice and have legal representation well in advance of any hearing. Legal representation can assist resolve the matter before the hearing, and if not, it will assist in navigating an optimal result in a difficult and emotional process. The court hearing process is as follows:

MENTIONS HEARING
During this stage, parties can negotiate and reach an Undertaking Agreement. If an agreement is not achieved, the matter will be scheduled for a Directions Hearing at a later date. The Mention is a brief hearing where no evidence is presented.

DIRECTIONS HEARING
This is a procedural hearing where the Magistrate will not hear any evidence. If the Respondent contests the intervention order, each party must inform the court if they will call any witnesses and provide details about their availability. The Magistrate will require each party to file and serve further and better particulars before the Contested Hearing date to support their case.

CONTESTED HEARING
This is the final hearing where the Magistrate will hear evidence from both parties and any witnesses. The Magistrate will first hear from the Applicant, followed by the Respondent. This can be a very confronting experience, especially for a self-represented individual who may need to cross-examine another person or witness.

Are you the Applicant?

You have the right to apply for an intervention order at any Magistrates’ Court in Victoria. You are then referred to as the Applicant. Seeking legal advice is highly recommended to understand the process and explore your options. These matters can be complex and may involve multiple hearings, especially if contested.

DFV Lawyers are here to provide you with the legal support and guidance needed throughout the application process, ensuring that you are well-prepared and informed every step of the way. For professional legal advice and support, you can schedule a free 15-minute chat with DFV Lawyers.

Are you the Respondent?

If you are the Respondent in an intervention order matter, you will have a scheduled court date for the next hearing. It is possible that an interim order has been issued against you, and it is crucial that you comply with all the listed conditions. Additionally, an intervention order can affect your firearms licence, so it is important to understand the full extent of the order and its implications.

Seeking legal advice from DVF Lawyers is essential to navigate this process effectively. We can provide you with the necessary guidance and support. For professional legal advice and support, you can schedule a free 15-minute chat with us.

When the police are the Applicant in a family violence matter, they have the authority to issue an immediate family violence safety notice. This notice is typically temporary. Following this, the police can apply to the court for a longer-term order, even if the original Applicant does not wish to proceed.

The primary goal is to ensure the safety and protection of those at risk, regardless of their desire to continue with the application.

We support clients from the City of Melbourne, Port Phillip, Wyndham, Brimbank, and other metropolitan areas in providing advice, services and court advocacy both online and face-to-face at wo locations: Clarence Chambers Level 11 / 456 Londsdale Street Melbourne and 101 Bay Street Port Melbourne by appointment only.

We attend all Metropolitan Magistrates Courts including Melbourne Magistrates Court, Sunshine Magistrates Court, Heidelberg Magistrates Court, Ringwood Magistrates Court, Dandenong Magistrates Court, Werribee Magistrates Court Werribee, and Broadmeadows Magistrates Court.

DFV Lawyers offer fixed fee depending on the nature of the matter and the court process. Payment Plan arrangements are available to those experiencing financial hardship. At DFV Lawyers, we prioritise on safety, justice, and peace of mind of all our clients, and we work tirelessly to support them through every step of the legal process on a fixed cost basis.

The first point of call for a victim of domestic and family violence is to call emergency services if they are in immediate danger. You should call triple zero (000) if:

• someone is injured or in need of urgent medical help.
• your life or property is being threatened or in danger.
• you have witnessed a serious accident or crime.

When you call triple zero (000), an operator will ask for your:

• phone number
• exact address or location.

If you cannot speak English an operator will organise a translator for you.
In Victoria, this means dialling Triple Zero (000) for the Victoria Police Family Violence Response Team to act.

At DFV Lawyers, we are deeply committed to assisting victim-survivors of domestic and family violence, ensuring that their needs are met with safety, cultural sensitivity, and responsiveness. We are also dedicated to the administration of justice for those who have been treated unfairly addressing the unique requirements of all communities, including our marginalised and vulnerable groups.

DFV Lawyers work collaboratively with support services and offers referrals to key system services and providers including:

Centrelink Crisis Payment: Provides financial support for individuals experiencing severe hardship due to family violence. Up to four payments per year.
Contact: 132 850

Homes Victoria: Offers priority housing and crisis accommodation for those escaping family violence.
Contact: 13 11 72

Safe Steps Family Violence Response Centre: Provides 24/7 crisis support, information, and accommodation.
Contact: 1800 737 732

The Orange Door: Assists with family violence support and children’s wellbeing. More info on their website.
Contact: 1800 219 819

Sexual Assault Crisis Line: 24/7 crisis counselling for sexual assault survivors.
Contact: 1800 806 292

Men’s Referral Service: Confidential support for those at risk of using family violence.
Contact: 1300 766 491

Victims of Crime Helpline: Support for adult male victims of family violence and violent crime.
Contact: 1800 819 817