The Law Handbook 2024

300 Section 4: Relationships, families and young people For more information about The Orange Door hubs, see www.orangedoor.vic.gov.au. Family violence matters and the courts 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. Specialist family violence courts Specialist family violence courts have been established as part of the Family Violence Court Division ( FVCD ) of the Magistrates’ Courts in Ballarat, Frankston, Heidelberg, Moorabbin and Shepparton. The FVCD deals with a variety of matters related to family violence, including interim and final intervention orders, mandated counselling orders, civil proceedings in respect to damages for personal injury, victims of crime compensation, and breaches of intervention orders. For more information, see www.mcv.vic.gov.au/about/family-violence-courts- and-counselling-orders. Counselling In addition to the powers that all magistrates have in family violence cases (see ‘What is a family violence intervention order?’ and ‘Family violence intervention orders and Family Law Act orders’, above), magistrates in some courts also have the power to direct respondents to attend counselling. 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’ at the start of this book). Specialist Family Violence Service Pending the set-up of a specialist division (as explained above), Magistrates’ Courts that have been gazetted in the Specialist Family Violence Services Division ( SFVS ) operate at Broadmeadows, Dandenong, Geelong, the Latrobe Valley (Morwell), Melbourne’s CBD, Ringwood and Sunshine. Bendigo and Wyndham are 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 SFVS, see www. mcv.vic.gov.au. Koori Family Violence Court Support Program 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; or • Koori Men’s Support Worker: 9628 7873; or • Melbourne Magistrates’ Court: 9628 7777. Undertakings in family violence cases In most cases of family violence, an intervention order is the most accessible and effective protection order. However, some magistrates and lawyers encourage parties to enter into an undertaking where the respondent promises the court to refrain from acting in a particular manner towards the affected family member. These undertakings are not enforceable and police cannot be involved, so there is no power of arrest or prosecution. If breached, further civil court proceedings are required, usually to reinstate the original application for an intervention order. It is important to check with both parties if an intervention order is required or if an undertaking suffices as a ‘soft option’. Personal safety intervention orders for stalking Under the Personal Safety Intervention Orders Act 2010 (Vic) (‘ PSIO Act ’), it is possible to obtain a