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 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

get legal advice? 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 • Birth certificate

• Citizenship papers • Marriage certificate

• Driver’s licence • Health care card

• Bank books, ATM and credit cards • Bank statements

• Tax returns and tax records • Titles of ownership and property deeds

• Partnership and company records • Details of joint and personal debts

• Guarantees • Wills

• Car registration • Mortgage and home loan details

• Rental agreement • Centrelink/Austudy number

• Insurance policies (eg home, contents,

car, life and superannuation)





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 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

What is an intervention order?

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 You can either apply directly to the nearest Magistrates’ Court or, if you need more

intervention order? 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.