Key definitions: Guideline 8 – family violence intervention order cases

This list of key definitions forms part of Victoria Legal Aid’s State Civil Guidelines for family violence intervention order cases.

The definitions are designed to make it easier for lawyers to apply the eligibility criteria set out in the guidelines. While some words or terms may have a legal meaning, they are not intended to be statements of law.

Where a word or term appearing in the guidelines is defined in the list of key definitions, the ordinary meaning of the word applies unless the word is linked to following the key definitions.

List of key definitions

Cultural and/or language barriers

For the purpose of determining whether a person is a priority family violence client, the following are examples of experiencing cultural and/or language barriers:

• a recently arrived immigrant from a country where there is a fear of government and statutory agencies, whose first language is a language other than English and who has low levels of English language proficiency
• a person who has recently arrived in Australia as a refugee or humanitarian entrant
• a person who experiences a power imbalance either:
  • in their relationship with the other party to the dispute, due to cultural differences; or
  • in their cultural community, on the basis of gender or other characteristics.

Priority family violence client

A priority family violence client is:

1. A person who identifies as Aboriginal and Torres Strait Islander; or
2. A person with one of the following vulnerabilities:
   1. A person with a diagnosed intellectual, neurological or cognitive disability; or
   2. Lesbian, gay, bixsexual transgender, intersex, queer or other sexually or gender diverse person (LGBTIQ+) and due to that vulnerability are unable to effectively run their own case in court without a lawyer representing them.
   3. A person who experiences cultural and/or language barriers, and due to that vulnerability are unable to effectively run their own case in court without a lawyer representing them.

Misidentification of the predominant aggressor of family violence by police

Misidentification of the predominant aggressor is when a person who has experienced or is experiencing family violence is mistakenly viewed as a perpetrator by Police and named as the respondent on their family violence intervention order application. The following client factors may indicate a heightened risk of misidentification:

• The client has sustained and/or inflicted injuries while defending themselves.
• The other party has a history of using family violence against the client, and/or their previous partners or family members.
• Current or previous intervention orders have been made for the client’s protection.
• The client is highly fearful for their safety as result of the other party’s threatening, coercive and controlling behaviour.
• The client is economically dependent on the other party and is on a temporary visa
• There has been a lapse by Victoria Police in their duties by a failure to:
  • interview the client separately, or at all
  • use a professional interpreter, or use a family member as an interpreter
  • follow protocols set out in the Code of Practice for the investigation of family violence, where the other party is a police office.