Pre-Court Engagement Service for family violence matters

What is the Pre-Court Engagement Service?

Through this service a lawyer can provide legal advice and support. They will call you to provide legal information or advice and if appropriate, to try to resolve your family violence intervention order (FVIO) matter up to two weeks before your court date.

Who can use the Pre-Court Engagement Service?

You may be eligible for our Pre-Court Engagement Service if your family violence matter is at Broadmeadows, Dandenong, Latrobe Valley, Melbourne, Ringwood, Geelong, Sunshine or Werribee Magistrates’ Court.

How do I apply for the Pre-Court Engagement Service?

You can:

Complete pre-court information form for affected family members or pre-court information form for respondents. You must complete this at least two weeks before your court date. Someone from the Magistrate’s Court pre-court team will then connect you to legal and non-legal services that can help.
Telephone your local Magistrates’ Court and speak to the intervention order registry.

Who will help me?

A lawyer from Victoria Legal Aid (VLA) or your local community legal centre will help you. They will try to contact you as early as possible before your court date. The timing of their contact depends on a number of factors, including when the referral is received. If you’d like more information about the legal services available, you can go to the website Federation of Community Legal Centres or Victoria Legal Aid.

What will the lawyer do?

If you asked for a lawyer, they may contact you to provide legal advice, information and support.

The lawyer may:

give you information about the court process and what to expect on the day
ask you about what you want from the court hearing
explain your options.

The lawyer, on your behalf, may speak with the other party’s lawyer (if they have one), or the police applicant, to see if the matter can be resolved. For example, the lawyer may check what FVIO conditions each party will agree to. The lawyer will keep you updated throughout the process.

Why is legal advice important?

Getting legal advice is important. It will help you to understand the law and what will happen at court, as well as your rights and responsibilities. You may have other legal issues due to family violence, and legal services can link you to other supports. For example, to work out parenting arrangements, visa issues or child protection matters.

Do I have to go to court?

If you have applied for the FVIO or the FVIO is for your protection (which makes you an ‘affected family member’), you will need to attend the court hearing. You can choose to attend either online or in person at the court.

If the police have applied for the FVIO to protect you:

You can choose not to take part in the court hearing where you agree with the FVIO (including, the conditions) and you have spoken to the police about this. You must make sure that you are available by phone on the day of your court hearing in case the police need to speak to you.
You should attend the court hearing (either online or in person at the court) where you do not agree with the FVIO application or the conditions.

If the FVIO is against you (which makes you the ‘respondent’), you must attend the court hearing. If you are unsure, it is important to call the court to check. For more detailed information, talk to your lawyer. It’s worth
remembering that if you need further assistance at court, you may be able to get help from a Duty Lawyer at court on the day.

What happens if I can’t get legal help before my court date?

Sometimes, a legal service might not be able to offer you assistance. This usually happens if there is a conflict of interest. Often the service cannot tell you the reason they are unable to help. However, they can refer you onto another legal service for support. The legal service might not be able to provide you with pre court assistance if you have requested help less than two weeks before your court date. You may still be able to speak to a duty lawyer on the court day.