8.1 – applicants
Victoria Legal Aid (VLA) may make a grant of legal assistance to a person seeking a family violence intervention order if all of the following apply:
the applicant is aged 18 years or older
and
the applicant is a priority family violence client and the matter is listed for a directions hearing
or
the matter is listed for a contested hearing
and
- the applicant is more likely than not to succeed in obtaining a family violence intervention order.
The merits of the application
As well as meeting the usual requirements of the State reasonableness test the application for a family violence intervention order must not be frivolous, vexatious or in bad faith.
Guideline 8.1 – Applicant should be read in conjunction with the Notes on Guideline 8.1 – Applicants.
8.1.1 – child applicants
VLA expects an applicant under the age of 18 years to be included in any application by an adult applicant.
VLA will make a grant of legal assistance to a child aged 14 years or older to seek leave to apply to the court for a family violence intervention order.
VLA will make a grant of legal assistance to a child aged 14 years or older where a court has granted leave to a child to apply for a family violence intervention order, or where the court decides a child should be separately legally represented.
8.1a – affected family members in police applications
VLA may make a grant of legal assistance to an affected family member in an application brought by Victoria Police, where:
the matter is listed for a directions hearing
and
a full no-contact interim order is in force
and
the AFM disagrees with conditions prohibiting the Respondent from contacting and/or communicating with them
and
- the police applicant seeks to maintain full no-contact interim orders conditions until the contested hearing
Guideline 8.1a should be read in conjunction with the Notes on Guideline 8.1a - Affected family members police applications.
8.2 – respondents
Victoria Legal Aid (VLA) may make a grant of legal assistance to a person responding to the making of a family violence intervention order when:
the respondent is aged under 18 years
or
the order would deprive the respondent of an important right (for example, it would exclude the respondent from their home)
or
the respondent is in custody as a result of the alleged family violence
or
the respondent is a woman misidentified by police as the predominant aggressor of family violence
or
the respondent is a lesbian, gay, bisexual, transgender, intersex, queer or other sexually or gender diverse person (LGBTIQ+) person and has been misidentified by police as the predominant aggressor of family violence
and
- the respondent is more likely than not to succeed in contesting the making of a family violence intervention order in the terms sought by the applicant.
Guideline 8.2 – Respondents should be read in conjunction with the Notes on Guideline 8.2 – Respondents.
8.3 – court-ordered representation of applicants and respondents
Where ordered by the Court under the Family Violence Protection Act 2008 or under section 357 the Criminal Procedure Act 2009 for VLA to fund the applicant and/or respondent for the purposes of cross-examination of a protected witness, VLA may limit the grant of legal assistance to the cross-examination of the protected witness.
Where VLA is ordered to provide representation, the matter will be allocated to an in-house practice at first instance. If the in-house practice is unable to act for the respondent and/or applicant, VLA will decide who the matter will be allocated to.
8.4 – children who are not applicants or respondents
Where the court grants leave on its own initiative for a child to be legally represented pursuant to section 62 of the Family Violence Protection Act, VLA will make a grant of legal assistance to the child.
Cross-applications for orders
If the person applying for a grant of legal assistance is both the applicant and the respondent in a family violence intervention order matter, then:
- if the person meets the guidelines for applicants but does not meet the guidelines for respondents, VLA will make a grant of legal assistance only for the application for a family violence intervention order
- if the person meets the guidelines for respondents but does not meet the guidelines for applicants, VLA will make a grant of legal assistance only to enable the person to respond to the application made against them
- VLA will only provide a single grant of legal assistance for a cross-application.
Proceedings for breach of a family violence intervention order
If the person applies for a grant of legal assistance as a respondent in proceedings for breach of a family violence intervention order, then VLA will assess the application under its Criminal law guidelines.
Applications by the respondent to appeal against an order, or to apply to revoke an order
If a respondent applies to appeal against the making of a family violence intervention order, or to apply for its revocation, then this application cannot be the subject of a recommendation for assistance via the simplified grants assessment process. The applicant would need to apply via the standard grants assessment process and demonstrate there are special circumstances present.
Documentary requirements
Simplified grants assessments process
Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit an application via ATLAS, only after ensuring that all the following documents are retained on file:
- a copy of any application, complaint and interim order
- if the person seeking a grant of legal assistance is a child, a copy of the court’s order granting leave for the child to apply (if this has been ordered)
- the lawyer’s assessment of how the matter meets the relevant guideline
- documentary proof of any State special circumstances
- relevant proof of means
Notes on this guideline
For commentary and examples on the eligibility criteria, grants assessment process, documentary requirements for each specific guideline and fees and billing relevant to the applicable is guideline see the notes to the guidelines (listed below).
Key definitions
Key definitions: Guideline 8 – family violence intervention order cases
Notes on the guidelines
Updated