Family violence matters and the courts
TRIGGER WARNING: Please note this chapter (and pages it links to) contains information about family violence that may be triggering to family violence survivors.
All Magistrates’ Courts (and Children’s Courts, if applicable) in Victoria can hear applications for family violence intervention orders. However, there are specialist court divisions and services that cater to family violence matters. These are discussed below.
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All Magistrates’ Courts and Children’s Courts have powers to make intervention orders. However, there are a number of specialist family violence courts (SFVC) that provide services specialising in family violence matters including interim and final intervention orders, mandated counselling orders, civil proceedings in respect to damages for personal injury, victims of crime assistance, and breaches of intervention orders.
SFVCs operate at Ballarat, Bendigo, Broadmeadows, Dandenong, Frankston, Geelong, Heidelberg, the Latrobe Valley (Morwell), Melbourne’s CBD, Moorabbin, Ringwood, Shepparton and Sunshine. Wyndham is anticipated by the end of 2025. Mildura has some SFVC features like a separate waiting area and specialist practitioners. Court staff, police prosecutors and other resources specifically cater to family violence cases.
For more information about the SFVC, see www.mcv.vic.gov.au.
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Magistrates in the SFVC have the power to direct respondents to attend counselling under the Court Mandated Counselling Order Program. This is mostly directed at male respondents who are required to attend a men’s behaviour change program. If a respondent is ordered to attend but refuses, they can be fined up to 10 pu (see ‘A note about penalty units’ in additional information).
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The Koori Family Violence Court Support Program is a state-wide program that operates out of the Magistrates’ Courts in Melbourne’s CBD, Ballarat, Mildura and Shepparton. The program provides Koori families with support, information and referrals to legal services.
This is a free service. To speak to a Koori Support Worker at Melbourne Magistrates’ Court, phone:
Koori Women’s Support Worker: 9628 7991;
Koori Men’s Support Worker: 9628 7873; or
Melbourne Magistrates’ Court: 9628 7777.
Family violence matters and the courts
Chapter: 4.4: Family violence
Contributor: Dr Renata Alexander, Barrister
Current as of: 1 September 2024
Law Handbook Page: 255
Next Section: Undertakings in family violence cases