- Published:
- Thursday 27 June 2024 at 9:19 pm
Changes to funding guidelines taking effect today are designed to better support priority family violence intervention order (FVIO) applicants, adult affected family members and women and LGBTIQA+ clients.
‘These changes are informed by our daily experience in courts across Victoria, the valuable work of our legal assistance sector colleagues, research and evidence about the gendered nature of family violence,’ said Director, Families, Eila Pourasgheri.
There are three key changes to the funding guidelines:
1. Earlier assistance for priority FVIO clients
Priority clients with complex and intersecting legal issues will be eligible for a grant of legal assistance once a directions hearing is listed in FVIO proceedings.
This change is designed to support:
- First Nations people
- people diagnosed with an intellectual, neurological or cognitive disability
- a LGBTIQA+ person or a person experiencing cultural and/or language barriers, and due to that vulnerability are unable to effectively run their case in court without a lawyer representing them.
It can be challenging for priority clients to navigate directions hearings either un-represented or with duty lawyer assistance.
‘We hope this change will result in more matters being finalised ahead of contested hearings and a less rushed and stressful experience for clients experiencing barriers to justice,’ said Eila.
2. Support for those misidentified by police
Women and LGBTIQA+ respondent clients who have been misidentified as the predominant aggressor of family violence by police are now eligible for a grant of legal aid.
‘We regularly see people who are unsafe and in need of protection being misidentified by police,’ said Eila. ‘This can have far-reaching and intersecting impacts on people’s lives and other legal issues, like child protection or family law.’
By funding earlier access to assistance, we will strengthen our ability to support these clients with the aim of preventing their legal issues from escalating.
3. Support for affected family members who oppose police applications
The third guideline change promotes the autonomy of affected family members in police applications.
A grant of assistance will be available in circumstances where a full no-contact interim order is in place, the affected family member disagrees with conditions preventing the respondent having contact with them and the matter is listed for a directions hearing.
‘This new guideline will provide victim-survivors with the opportunity for increased agency in a court process which can often by disempowering and confusing,’ said Eila.
Support for practitioners
The Handbook for lawyers is updated with the new guidelines.
A directory of trainings and resources is on the family violence learning and development hub on LawHub to support practitioners to implement the new guidelines, including misidentification training and support resources.
Practitioners can direct questions about the changes to Family Violence Acting Program Manager, David Cleary at david.cleary@vla.vic.gov.au
More information
Read more about going to court for a family violence intervention order
Updated