legal advice

Women’s Information Getting Legal Advice Understanding your legal rights and obligations is very important when you are facing complex life decisions. Whether it’s finding the best way to protect yourself and your family from threatening or abusive behaviour, or ensuring you receive your fair share in a property settlement, knowing what options are available and how the legal process works can help you decide what you need to do. You may also need help to resolve an ongoing dispute especially if it involves your wellbeing, your children’s welfare, or the division of shared property and possessions. While this does not always mean going to court, it usually requires getting legal advice from a lawyer. So where do I go to get legal advice? Victoria Legal Aid and community legal centres provide free legal advice, or you can employ a lawyer privately. Some private lawyers and law firms offer the first appointment free or at a low cost. Always ask what costs are involved and whether discounts are available before you engage a lawyer. For more information about private lawyers contact the Law Institute. If you need to employ a lawyer but can’t afford it, legal aid may be able to help. However, you must prove that you are on a low income and are likely to win your case. For more detailed information about the legal aid guidelines and how to apply visit www.legalaid.vic.gov.au If you are involved in a Family Law dispute, legal aid is usually only granted for cases that deal with children’s residency and contact issues, and is not given for divorces. Legal aid is subject to restrictions and may involve paying back all or part of the costs of representation. Contact WIRE on 1300 134 130 for more information. It pays to ask the right questions Before you decide to engage a lawyer make sure they have the right kind of experience and expertise, and are not currently giving legal advice to your partner. This is particularly important in domestic violence and Family Law cases where there may be complications regarding intervention and parenting orders. Getting Legal Advice Women’s Information Be prepared Getting involved in a legal dispute can be a very complex, longwinded and costly process particularly if you are totally unprepared. To save time and ultimately money, it’s a good idea to get originals or copies of all official paperwork before you see your lawyer. Here’s a quick checklist of the types of information a lawyer may ask you for. • Passport • Citizenship papers • Driver’s licence • Bank books, ATM and credit cards • Tax returns and tax records • Partnership and company records • Guarantees • Car registration • Rental agreement • Insurance policies (eg home, contents, car, life and superannuation) • Birth certificate • Marriage certificate • Health care card • Bank statements • Titles of ownership and property deeds • Details of joint and personal debts • Wills • Mortgage and home loan details • Centrelink/Austudy number Crimes compensation Women who are victims or have been adversely affected by a violent crime, may be able to get financial assistance from the Victims of Crime Assistance Tribunal (VOCAT). This includes compensation for pain and suffering, as well as assistance with medical and counselling expenses and loss of income. Women who are injured as a direct result of a crime, or have witnessed a crime, are entitled to apply for compensation. Applications must be lodged within 2 years of the crime, which must have occurred in Victoria and been reported to the police. For more information, contact the Melbourne Magistrates’ Court, the Victims Referral Assistance Service or log on to www.legalonline.vic.gov.au Intervention Orders What is an intervention order? An intervention order is a court order made by a magistrate. It is designed to protect you from a member of your family or household, or from someone you have had a close relationship with. It is a way of protecting you, and if necessary your children, from another person’s threatening behaviour, and threats or damage to property. Intervention orders can be issued for a length of time the magistrate thinks suitable. If you still need the order beyond that time, you can apply for another about a month before it finishes. How will the order protect me? An intervention order can state that the person who makes you feel unsafe is not allowed to approach, telephone or contact you. It can order them not to come anywhere you are regularly (like your house, workplace or children’s school). It can also state that the offender is not allowed to get other people to harass you. It is also designed to prevent damage or threats to damage your property. It is a criminal offence to breach an order. If this happens, contact the police as soon as possible and ask what action they will take to enforce the order. The police have the power to charge the offender and so must act on a complaint, particularly if your personal safety or property is seriously threatened. How do I apply for an intervention order? You can either apply directly to the nearest Magistrates’ Court or, if you need more information and support, contact Victoria Legal Aid or an outreach worker at one of the women’s legal or domestic violence support services listed below who will be able to assist you with your application. A detailed contact list is available through WIRE. Wire information sheets The following sheets have been put together to provide you with practical information that may also be helpful. • Separation – Leaving a Relationship • Separation and Children • Separation – Property • Sexual Assault • Domestic Violence • Women and Debt Where do I go for help? • WIRE • Community legal centres • Domestic Violence Outreach Services • Women’s Domestic Violence Crisis Service of Victoria • Family Court • Relationship and mediation services • Legal-on-line • Family Court • Law Institute • Women’s Legal Service • Melbourne Magistrates Court • Victims of Crime Assistance Tribunals • Victims Referral & Assistance Service • Victoria Legal Aid • Victorian Court Information & Welfare Network • Victoria Police Getting Legal Advice Women’s Information Contact WIRE For an up-to-date contact list of the services available: Phone 1300 134 130 for the cost of a local call, or 13 36 77 (National Relay Service for hearing impaired women) 210 Flinders Street Melbourne Drop in to the Women’s Information Centre at 247 LonsdaleLane Melbourne Email us at inforequests@wire.org.au Visit our website www.wire.org.au References Victoria Legal Aid publications: Do you have a legal problem? For Parents, Child’s Representative November 24, 2000 You & Family Law Fourth Edition, October 2000 Child Support Legal Service October 2000 Domestic Violence & Incest Resource Centre information sheets Applying for an Intervention Order, Victoria Law Foundation and Victoria Legal Aid, 2000 Victims Referral & Assistance Service booklet Information for Victims of Crime The production of these sheets was made possible with a grant from the Law Foundation. Every effort has been made to ensure the information contained in this sheet is accurate and current at the time of printing. However, no responsibility will be taken for the accuracy or reliability of the information, or for any loss which may arise from errors, omissions, or changes to government policy or the law.