What is a Family Violence Intervention Order? A family violence intervention order is an order to protect individuals who have experienced family violence. These orders are made under the Family Violence Protection Act 2008 (Vic). Circumstances since the original...
If you are not satisfied with a decision by the Magistrates’ Court, you have the right to appeal to a higher court, the County Court. You may choose to appeal a conviction or sentence provided by the magistrate. Time Limits If you wish to appeal, you must do so within...
What is Self-Defence? Self-defence in Victoria is a legal defence to violent offences such as assault, causing injury, manslaughter or murder. If self-defence is successfully made out, a person will be acquitted. A person may commit an offence but will not be guilty...
Strict Liability Offences Certain offences do not require prosecution to prove the requisite mental element. The prosecution must only prove, beyond reasonable doubt, that the accused committed the physical act that constitutes the offence. Strict liability offences...
Driving an Unregistered Vehicle Driving an unregistered vehicle is an offence under section 7 of the Road Safety Act 1986 (Vic) (1) A person must not— (a) use on a highway a motor vehicle or a trailer; or (b) own a motor vehicle or a trailer which is used on a...
Child Protection is a branch of the Department of Families, Fairness and Housing that is responsible for protecting children and ensuring the safety and wellbeing of children. Child Protection has the role of investigating cases to assess whether a child is at risk of...
Section 60I Certificate If you wish to make parenting arrangements before the court, you must prove that you attempted family dispute resolution (‘FDR’). This is executed through a section 60I certificate, which confirms that you have attempted FDR before filing a...
What is a Diversion? Diversion allows individuals charged with certain minor offences to avoid a criminal record by undertaking certain conditions. Eligibility for Diversion Section 59(2) of the Criminal Procedure Act 2009 (Vic) sets out when an accused may be...
What Does It Mean if You Have Been Charged with an Offence? A criminal charge is an accusation that you have committed a crime. In order for there to be a conviction against you, the prosecution must prove the elements of the criminal charge. Every criminal offence is...
How Do I Get a Divorce? The marriage has ended and you wish to formalise it by having a divorce. To get a divorce, you and your spouse must have been separated for at least 12 months, and there is no reasonable likelihood you will get back together. Eligibility for...