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Providing earlier and holistic support for priority clients in family violence matters

We are expanding our funding guidelines for family violence intervention order matters to better meet the needs of people who need support.

Published:
Tuesday 16 April 2024 at 11:02 pm

We are expanding our family violence intervention order (FVIO) funding guidelines to promote a trauma-informed approach which provides earlier support to those who need it most.

'These changes will better support priority FVIO applicants, adult affected family members and women and LGBTIQ+ clients,’ said Director, Families, Eila Pourasgheri.

‘We have designed the changes to help people who experience additional barriers to justice, or who are disproportionately impacted by police misidentifying them as the predominant aggressor of family violence.’

From 28 June 2024, there will be three key changes to the relevant guidelines. These changes will:

  • provide earlier support to FVIO applicants who are priority clients
  • help to prevent the escalation of legal issues as a result of a client being misidentified as the predominant aggressor of family violence
  • provide support to promote the voices of affected family members in police FVIO applications, when in conflict with the police applicant.

‘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 Eila.

‘The new guidelines will strengthen the legal assistance sector’s capacity to support clients with family violence matters.’

Earlier assistance for priority FVIO applicants

The first guideline change will mean priority clients will be eligible for a grant of legal assistance once a directions hearing is listed in FVIO proceedings.

This change is designed to support:

  • Aboriginal and Torres Strait Islander people
  • people diagnosed with an intellectual, neurological or cognitive disability
  • a LGBTIQ+ 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 with complex and intersecting legal issues 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.

Targeting support to reduce the impact of mis-identification

The second guideline change will provide a grant of aid to women and LGBTIQ+ respondent clients who have been mis-identified as the predominant aggressor of family violence by police.

In our practice experience, we regularly see people who are unsafe and in need of protection being misidentified by police. This can have far-reaching and intersecting impacts on people’s lives and other legal issues, like child protection or family law.

This is a trend which has been clearly identified by the Family Violence Implementation Monitor and recent research by the Monash Gender and Family Violence Prevention Centre and the LGBTIQ Legal Service, Southside Justice.

‘Across the legal assistance sector we see that women, particularly from marginalised groups, and people from the LGBTIQ+ community are disproportionately affected by misidentification,’ said Eila.

‘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.’

Better supporting affected family members who oppose police applications

The third guideline change creates a new guideline to promote the autonomy of affected family members (AFM) in police applications.

A grant of assistance will be available in circumstances where a full no-contact interim order is in place, the AFM 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 updated guidelines complement changes made to our not guilty guideline for criminal law matters, which took effect on 1 April 2024.

We will provide detailed information about the new guidelines and host a panel discussion about misidentification at our Family Law Forum on 29 May 2024.

The Handbook for lawyers will be updated with the new guidelines, guidance notes and worksheets on 28 June 2024.

We will also add a directory of trainings and resources to the family violence learning and development hub on LawHub to support practitioners to implement the new guidelines.

Practitioners can direct questions about the changes to Family Violence Acting Program Manager, David Cleary at David.Cleary@vla.vic.gov.au or Project Coordinator Hannah Fearnside at Hannah.Fearnside@vla.vic.gov.au.

More information

Read more about going to court for a family violence intervention order.

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