Family Violence Safety Notice
The client, located in a vicinity of Victoria, has been issued a family violence safety notice following an incident involving violent behaviour and threats of self-harm. The client is the protected person in this notice and contacted the authorities during the incident. There has been one documented occurrence of family violence, and there is at least one child involved. At present, the partner is not cohabiting with the client, and no previous court orders regarding family violence exist. While no physical injuries were reported, the client has reached out to support services for assistance and has not undertaken additional security measures for their residence.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat should I expect during the court hearing for the family violence safety notice?
During the court hearing for the family violence safety notice, expect the magistrate to review the details of the incident and evaluate if a family violence intervention order should be issued. The court will consider evidence presented, including reports or witness statements. You may need to provide a brief description of the incident, making it essential to prepare your account clearly. If a temporary order is made, it may include restrictions on your partner's contact with you. The court will prioritize safety and preventing further harm.
How does the family violence safety notice affect my partner's rights and our living situation?
The family violence safety notice serves as a temporary protection measure. It limits your partner from specific behaviours, which may affect their rights regarding access to the home or children, even if they are not currently living with you. Your partner must comply with the notice's terms or face criminal charges. The notice remains effective until the court hearing, where a more permanent arrangement may be established.
What steps can I take to ensure my safety and the safety of my family before and after the court hearing?
Consider developing a personal safety plan before the court hearing, which might entail staying with a trusted friend or family member and informing neighbours about your situation. After the hearing, follow the orders issued and maintain communication with support services for ongoing assistance. You may also apply for a family violence intervention order if additional protection is necessary.
Can the family violence safety notice be extended or changed after the court hearing, and under what circumstances?
The family violence safety notice can be adjusted if the magistrate believes there are ongoing safety concerns. The court may issue an interim or final intervention order if evidence indicates continuing risk. Changes can include modifying the terms to better protect all parties involved.
What legal options do I have if my partner violates the terms of the family violence safety notice?
If your partner violates the family violence safety notice, report the violation to the police. Breaching the notice can lead to criminal charges. You may also seek a variation or extension of the interim intervention order. Keep evidence of the breach, such as communications, to support a legal claim.
How can I revoke an intervention order?
To revoke an intervention order, you must apply to the Magistrates' Court. The court will assess if the order is still needed for your protection. You should provide any new evidence indicating the order is no longer necessary and consider legal assistance to improve your chances of a successful application.
How do I communicate with the magistrate during the hearing?
When addressing the magistrate, maintain composure and respect. Clearly state your position as the protected person under the safety notice. It's crucial to explain how the incident has impacted your safety, particularly regarding any children involved. Provide accurate information and document any witnesses to the incident.
