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Accessible Intervention in Cases of Family Violence

The Magistrates’ Court of Victoria has implemented changes to Family Violence Intervention Orders (IVOs) to make the orders clearer and more accessible.

On 24 July 2019, IVOs had their standard conditions updated to be more easily understandable. In addition, every order will now come with an information sheet for affected family members and respondents. These changes have been endorsed by the Royal Commission into Family Violence.

The standard conditions implemented are drafted to be clearer to the reader. Theses standard conditions can be chosen to match the particular needs of the applicant. The conditions are categorised as follows:

  • Behaving safely – No family violence
  • Taking responsibility – Not getting others to do things for you
  • Contact
    • No contact with protected people
    • Limited contact – respectful behaviour
    • Listening respectfully and behaving safely
  • Leaving protected people alone – no stalking or surveillance
  • Respectful use of technology – no harmful images or messages
  • Safety of children: Arranging to spend time with them
  • Keeping everyone safe: no firearms/weapons
  • Attending courts, tribunals mediation or counselling
  • Getting help: referrals and support

However these conditions are not mandatory, those seeking an IVO are still able to draft free text orders. The conditions are also available in the Children’s Court of Victoria. Old orders can be simplified but this will be up to the Magistrate in an individual case. When a matter comes to Court with old conditions, Magistrates will determine on a case-by-case basis whether to use the old conditions or whether to use the new standard conditions.

Going forward, new information sheets will be attached to every interim and final order. The purpose of these sheets is to offer clarification in plain language about IVOs. In addition, the information sheets also offer referrals to legal advice.

Nicholes Family Lawyers are here to help if you need advice regarding your options in a family violence matter, please do not hesitate to contact us at 9670 4122. For more information about family violence and IVOs please click here. If you or anyone else is in immediate danger please contact emergency services at 000.

By Nicholes Family Lawyers

 

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