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Develop a safe, supported negotiation process for family violence intervention orders

Recommendation:
077
Status:
Implemented

Who is leading the change

  • Department of Justice and Community Safety

The Department of Justice and Regulation convene a committee, including representatives of the Magistrates’ Court of Victoria, Victoria Legal Aid and Women’s Legal Service Victoria, to investigate how family violence intervention orders by consent are currently negotiated and develop a safe, supported negotiation process for victims.

  • As part of our approach, the Department of Justice and Community Safety will establish an Advisory Committee to consider the current process for negotiating family violence intervention orders (FVIOs) by consent.

    This will include examining relevant data and the changes and impacts of other Royal Commission into Family Violence recommendations, including:

    • the expansion of the Specialist Family Violence Court Division function to other courts (as outlined in Recommendation 60)
    • changes to first mention date for a family violence safety notice (as outlined in Recommendation 76)

    A research project will explore a range of possible alternatives and will consult with users and stakeholders to decide on the best option.

  • An Advisory Group was established to advise on the key issues and approach to the work. The key issues identified included:

    • the complex dynamics of FVIOs
    • the nature of legal or other representation of parties
    • fear or pressure on the affected family member on the part of the respondent or respondent’s family to agree to an order
    • parenting orders / children's wellbeing and safety
    • lack of privacy
    • incorrect identification of affected family member and respondent on L17s
    • cross-applications for FVIOs by respondents

    A research project was established to consider the perspectives of system users and professionals. The project has made recommendations as to best practice approaches to guide future operations.

  • Implemented.

Reviewed 17 May 2020

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