[On-screen text]
This video was made on the lands of the Wurundjeri people of the Kulin Nation. We acknowledge the Traditional Owners of this land and pay our respects to Elders past and present.
People with lived experience of family violence helped us make this video. We are grateful to those who shared their stories and everyone who contributed.
Family violence intervention order hearings – what to expect.
[Auslan presenter appears on screen. They sign the narrator’s text for the rest of the video.]
Narrator: In this video, we'll explain the different types of court hearings you might have for a family violence intervention order.
[On-screen text: Seek legal advice]
Narrator: It's a good idea to get legal advice before your court hearing. You can call Legal Help, Victoria Legal Aid’s free helpline, message us using Legal Help Chat or find a community legal centre near you.
[On-screen text listing contact details]
Legal Help
1300 792 387
Legal Help Chat
Federation of Community Legal Centres
Narrator: You might be able to meet with a duty lawyer on the day of your hearing. See our video on getting free help from a lawyer at court to learn more.
[On-screen text: Magistrates’ Court of Victoria, www.mcv.vic.gov.au]
Narrator: If you have questions about court or are worried about your safety there, you can contact the court you're going to. You should also fill out a pre-court information form on the Magistrates’ Court website to tell them about yourself and what support you need at court.
[On-screen text: What happens at each hearing?]
Narrator: There are four types of hearings for a family violence intervention order. Every case is different so you might only have one or you may have a few.
[Four circles appear on screen, connected by a line going left to right. In the first circle, the words ‘Ex parte hearing’ appear.]
Narrator: An ex parte or interim hearing happens if the person applying for protection, the applicant, asks the court for an urgent temporary intervention order. This is called an interim order.
[A magistrate and applicant are talking to each other. A document with the words ‘Interim order’ appears on screen.]
Narrator: The person accused of family violence, the respondent, does not go to this hearing.
[We are back to the four circles. In the second circle, the words ‘Mention hearing’ appear. The screen changes to a courtroom. A client sits behind a table while his lawyer stands, talking to the magistrate. The magistrate sits behind a bench at the front of the courtroom.]
Narrator: A mention hearing is the first main hearing. This is to see if both sides can agree on what they want to happen with the intervention order.
[The same lawyer is now in an office at court, talking to a police officer.]
Narrator: If a lawyer is helping you, they might speak to the other side or their lawyer. The police will also help if they made the application. The court’s aim is to come to a safe agreement.
[We are back in the courtroom. The magistrate is asking the client questions.]
Narrator: The magistrate might ask you questions to help them decide what will happen next. They might also make an interim order on this day.
[Back to the four circles. In the third circle, the words ‘Directions hearing’ appear.]
Narrator: If there is no agreement and the magistrate does not make a final decision about the intervention order, you might need to come back for a directions hearing.
[In a courtroom, a different client sits behind a table. Her lawyer is standing and talking to the magistrate.]
Narrator: This is where the magistrate works out what's needed for a final hearing, including any witnesses who need to attend and whether you have a lawyer. Sometimes you can come to an agreement at the directions hearing and the magistrate will make a final order then. This means you don't need to come back for a final hearing.
[Back to the four circles. In the fourth circle, the words ‘Final hearing’ appear.]
Narrator: A final hearing is where you give evidence or tell the magistrate what happened. The other side, police or witnesses might also give evidence.
[In a courtroom, a client sits behind a witness box. A lawyer is asking them questions. The magistrate is also there, sitting behind their bench.]
Narrator: A lawyer will cross-examine you, which means they will ask you questions to confirm what you have said. If the magistrate agrees that family violence has occurred and is likely to continue, they will make a final intervention order.
[Text on screen: What is a final family violence intervention order?]
Narrator: A final family violence intervention order is a legal document that says the conditions or rules that must be followed, and how long the order will last.
[Text on screen: Things to remember]
Narrator: Here are a few things to remember about going to court for a family violence intervention order:
- It's a good idea to get legal advice as soon as possible.
- There are different types of hearings, and you might have more than one.
- The magistrate will make a decision based on what they think is safest. There are opportunities along the way to try to resolve the matter.
[On-screen text: Where to get help]
Narrator: For free legal information about going to court for a family violence intervention order, contact Victoria Legal Aid or a community legal centre.
[On-screen text listing contact details]
Victoria Legal Aid
1300 792 387
Federation of Community Legal Centres
Magistrates’ Court of Victoria
[Symbols and flags appear, representing some of the services that the court can connect you with. The symbols represent disability, interpreters and Auslan. There is a sign with the words ‘Safe waiting area’. The Aboriginal, Torres Strait Islander and Progressive Pride flags also appear.]
Narrator: You can also contact the court you are going to to find out what services they have to support you.
There are also many support services you can speak to. Remember, help is available.
[On-screen text listing family violence services]
1800RESPECT – 1800 737 732
24/7 national domestic, family and sexual violence counselling service.
Safe Steps – 1800 015 188
24/7 family violence response centre.
Djirra – 1800 105 303
Legal support for people experiencing family violence who are:
- Aboriginal or Torres Strait Islander
- a parent or carer of an Aboriginal or Torres Strait Islander child.
Victorian Aboriginal Legal Service – 1800 064 865
Legal services and support for Aboriginal and Torres Strait Islander people.
Rainbow Door, Switchboard Victoria – 1800 729 367
LGBTIQA+ helpline for information, support and referral.
Q+Law – (03) 9968 1002
Legal services for Victorian LGBTIQA+ communities.
inTouch Multicultural Centre Against Family Violence – 1800 755 988
Family violence support for victim survivors from migrant and refugee backgrounds.
No to Violence – 1300 766 491
Services and counselling for men who use family violence.
[On-screen text listing contact information for Victoria Legal Aid]
Victoria Legal Aid
1300 792 387
Phone the Translating and Interpreting Service on 131 450 and ask to talk to us.
Use the National Relay Service to phone us if you have a hearing or speech impairment.
[End of transcript]
Updated