Whether pursuing civil and/or criminal relief, it is important for the victim to keep a written diary of all incidents that may form the basis of a complaint. This should include time and place, photographs, any witnesses, any attendance for medical attention and any contact with the police.
If you need immediate assistance in a family violence situation, call the police on 000, at any hour. They will attend and provide advice and some assistance. It is important to insist that the police take a formal statement of complaint. If it is an emergency, the police may issue a family violence safety notice that can include an exclusion condition, detain a person to allow you time to apply for an intervention order, or apply for an intervention order on your behalf (see: "How do I get a family violence intervention order", above). This can be done at night or during weekends as well as during week days.
More commonly, the police will ask you to go to the local Magistrates' Court (during normal business hours) to obtain an intervention order on your own behalf. They will also complete a Family Incident Report for their records. If there is a problem with the police, all districts have a Family Violence Adviser, and there is a Family Violence Liaison Officer in all 24-hour police stations.
If the police believe it is a serious case of family violence, they can charge the perpetrator with criminal charges.
If emergency accommodation or support is needed, call the Women's Domestic Violence Crisis Service of Victoria (see: "Contacts", below).
If you want help for family violence that has occurred in the past, but you are not in need of immediate help, a similar procedure should be followed. You can call the police, or approach the local Magistrates' Court to seek an intervention order in person. It is, however, best to obtain legal advice before doing so, in order to consider all options and the possibility of obtaining other family law orders, such as care of any children or property settlement.
If court orders already exist regarding, for example, spending time (formerly, contact or access) with children, the court has power to vary existing orders so as not to conflict with an intervention order (e.g. where children are to be collected or dropped off). If an order for spending time with children is inconsistent with an intervention order, the spending time with order prevails and the intervention order is invalid to the extent of the inconsistency.
As a victim of family violence, you should also obtain medical help and, if you have no independent income, you should contact Centrelink to enquire about benefits available.
For further information about any sexual offences that may be associated with acts of family violence; see: Chapter 4*3 Sexual Offences.
Non-legal remedies should also be considered. You may wish to take some protective measures, such as changing locks, changing your telephone number, screening calls or even moving house. You can also contact local police and advise neighbours that there may be further trouble from your former partner. Local police should be given copies of any existing protective orders. Keeping a written and photographic record of all incidents is again recommended.
WHAT A VICTIM SHOULD DO :: Last updated: Thu Jul 1st 2010


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