All Magistrates’ Courts (and Children’s Courts, if applicable) in Victoria can hear applications for family violence intervention orders. However, there are special An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. 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 divisions of the Magistrates’ Court in Heidelberg, Ballarat and Shepparton.
The Family Violence Court Division deals with a variety of matters related to family violence, including interim and final intervention orders, mandated counselling orders, civil proceedings in respect to A court order for money to be paid to someone to compensate them for a loss suffered as a result of a civil wrong or breach of contract. For example, a person who caused a serious permanent injury to another person can be ordered by the court to pay damages that compensate the injured person for their loss of income from being unable to work. See also aggravated damages; compensatory damages; general damages; liquidated damages; nominal damages; special 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.
In addition to the powers that all magistrates have in family violence cases (see ‘What is a A court order made to protect a family member from violence, intimidation or harassment by restraining a person from harmful or annoying conduct towards that family member. See also intervention order.?’ and ‘Family violence intervention orders and Family Law A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 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 (1) A defendant in a civil case that has been appealed to a higher court. (2) A person against whom some originating motion has been issued by an applicant. See also appellant. 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
The Specialist Family Violence Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. (SFVS) operates at other Magistrates’ Courts, including the courts in Dandenong, Frankston, the Latrobe Valley (Morwell), Melbourne’s CBD, Moorabbin, Shepparton, Sunshine and Werribee. Court staff, police prosecutors and other resources specifically cater to family violence cases. (For more information, 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.