On this page:
A family violence intervention order protects a person from a family member who is using family violence. An order can also protect children, property or people supporting the protected person.
An intervention order is a civil order. However, breaking an intervention order is a criminal offence.
Legal information
Legislation
How VLA can help
Useful resources
Reviewed 14 November 2023
In this section
-
- Civil
-
- Centrelink
- Legal info
- What is Centrelink?
- Centrelink clients’ rights
- Domestic violence, de facto relationships and Centrelink
- Legal info about Centrelink
- De facto relationships and Centrelink
- Owing a debt to Centrelink
- Centrelink's automated debts (robo-debts)
- Debt write-offs and waivers
- Centrelink investigations
- Challenging a Centrelink decision
- Making a complaint about Centrelink
- Freedom of information for Centrelink clients
- Social media and Centrelink
- Disability support pension
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Procedure
-
- Legal info
- What is civil law?
- How courts manage cases
- Legal matters where case management is expected
- What parties have to do
- If parties do not comply
- Vexatious litigants
- Case management procedures
- Resolving disputes out of court
- Tribunal proceedings
- Civil proceedings in court
- Magistrates' Court proceedings
- County Court proceedings
- Supreme Court proceedings
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Consumer and debt
-
- Consumer credit
- Legal info
- What is consumer credit?
- Changes to regulation of consumer credit
- Credit contracts made under the old state code
- Contracts not covered by the code
- If a borrower cannot pay
- Resolving credit disputes
- If disputes can't be resolved
- What must be included in a credit contract?
- Unjust contracts
- How lenders can enforce an unpaid debt
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Debt collectors
- Legal info
- What is debt collection?
- Who can be a debt collector?
- Prohibited behaviour by debt collectors
- Where to get help
- Old debts
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Door-to-door sales
- Legal info
- What are door-to-door sales?
- Duties of the company selling door-to-door
- What must be included in the sales contract
- Can the agreement be cancelled?
- When can buyer get an extended cooling-off?
- How to prevent sellers coming to the door
- Making a consumer complaint
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Telemarketing
- Legal info
- What is telemarketing?
- Phone seller duties
- What must be included in the contract?
- Cancelling the contract
- When can extended cooling-off periods apply?
- How to prevent telemarketing calls
- How to complain about unwanted sales calls
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Disability and mental health
-
- Disability insurance scheme
- What is NDIS?
- Who is eligible?
- How to apply
- Support plans
- Children and NDIS
- Nominees and NDIS
- Reviewing a decision
- How NDIS affects other payments
- Debt recovery
- Making a complaint about an NDIS service provider
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Mental health
- What is mental illness?
- Common types of mental illnesses
- DSM: the diagnostic tool
- Rights of people receiving treatment
- Powers of police and other authorised persons
- Supported decision-making
- Getting a second opinion
- Capacity and consent to treatment
- Assessment process (being diagnosed with a mental illness)
- Temporary treatment orders
- Orders made by the Mental Health Tribunal
- Electroconvulsive treatment (ECT) and neurosurgery
- Applying to have an order revoked
- VCAT review
- How to make a complaint
- Complaints to other organisations
- Criminal offending and mental illness
- Detention and treatment orders for drug and alcohol dependence
- Voluntary patients
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Where to refer specialist mental health/disability matters
- Independent Mental Health Advocacy (IMHA)
- Services and info for clients
- References
- Further reading
- Forms
- CALD resources
-
- Motor vehicle accidents
-
- Legal info
- Driver’s legal obligations
- If someone is injured
- Getting accident details from the client
- Property damage and insurance
- Making a claim for property damage
- Gathering evidence
- Disputes about vehicle damage
- Complaining about an insurance company
- Vehicle repairs
- Client at fault and not insured
- If client has no money/is judgment proof
- Client has money and judgment obtained
- How to apply for an instalment order
- Unclear who was at fault
- Client not at fault
- Taxi disputes
- Taxi owners
- Legislation
- Services and info for clients
- References
- Forms
- CALD resources
-
- Neighbourhood disputes
-
- Domestic animals
- Registration of cats and dogs
- Menacing, dangerous and restricted breed dogs
- Identification of pets
- Microchips
- Dog attacks
- Dangerous dogs
- Menacing dogs
- If a person is killed
- Responsibilities for dangerous dog owners
- Seized animals
- Can dog be saved?
- Restricted breeds
- Responsibilities for restricted breed owners
- Challenging a declaration at VCAT
- Control of cats and dogs
- Noisy animals
- Infringement penalties for pets
- Breeding, fostering and sale of pets
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- VLA resources for clients
- References
- Forms
- CALD resources
-
- Fences
- What is a fence?
- The law on building or repairing a fence
- Who is an owner?
- Fencing notice
- Must a tenant pay for fence repairs?
- Fence in wrong place
- Disputes about fences
- Pool and spa fences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Personal safety and stalking
- What is personal safety and stalking?
- When to use personal safety orders
- Vexatious litigants
- Relationship between family violence and personal safety
- Role of police
- Arrest
- Enforcement power to search and seize
- Orders after hours or in remote areas
- Mediation
- Applying for a personal safety order
- Serving court documents
- Interim orders
- Court proceedings
- Alternative arrangements for proceeding
- Giving evidence
- Getting an adjournment
- Final orders
- Duration of a final order
- Conditions in personal safety orders
- Exclusion order from property
- Conditions about weapons
- Appeals and rehearings
- Breach of a personal safety order
- Children and personal safety
- Orders made outside Victoria
- Tenancy and violence
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Duty lawer help for young people
- Services and info for clients
- References
- Forms
- CALD resources
-
- Powers of attorney and guardianship
-
- Guardianship and administration
- What is guardianship and administration?
- What is decision-making capacity?
- Key changes to guardianship and administration in 2020
- Object and principles of guardianship and administration
- When guardian or administrator can be appointed
- Supportive guardians and administrators
- Responsibilities and powers of guardians and administrators
- VCAT hearings
- Applying for an order
- What to expect at the hearing
- Challenging a VCAT order
- Reassessments
- Interstate guardianship and administration orders
- Offences that apply to guardians and administrators
- Urgent orders
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Medical treatment decisions
- What are medical treatment decisions?
- Decision-making capacity
- Planning treatment in advance
- How to make an advance care directive
- VCAT and advanced care directives
- Getting help with decision-making
- Choosing a medical treatment decision-maker
- How to appoint a decision-maker
- Treating a person without capacity
- If no decision-maker appointed
- If no advance care directive and no decision-maker
- Challenging a decision-maker at VCAT
- Mental health and treatment decisions
- Special medical procedures
- Interstate directives and appointments
- Offences relating to medical treatment planning
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Powers of attorney
- What is a power of attorney?
- What both parties need to know
- Attorney duties
- Supportive decision-makers
- Appointing a temporary financial or legal decision maker
- Decision-makers who act even if capacity is lost
- What is capacity?
- Making financial and/or personal decisions—general enduring power
- How to make a power of attorney
- How to make a supportive power of attorney
- If attorneys disagree
- Interstate issues
- How to cancel a power of attorney
- Offences for attorneys
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Privacy and FOI
-
- Freedom of information
- Legal info
- What is freedom of information?
- Organisations that are subject to FOI
- How to apply under FOI
- Amending personal information
- FOI complaints and reviews
- Legislation
- Where to find Victorian law
- Where to find Commonwealth Law
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Privacy
- What is privacy?
- What information is protected?
- Organisations that must follow privacy laws
- How personal information must be treated
- Privacy and health information
- Privacy and capacity
- Recording private conversations
- Taking photos
- CCTV footage
- Social media
- Identity theft
- Complain about a privacy breach
- Legislation
- Where to find Victorian law
- VLA help
- Where to find Commonwealth law
- Services and info for clients
- References
- Forms
- CALD resources
-
- Property and tenancy
-
- Caravan park residents
- Who is a caravan park resident?
- Starting a caravan park residency
- Bonds for caravan park residents
- Rent for caravan residents
- Repairs in caravan parks
- Entering a caravan or site
- Ending a caravan park residency
- VCAT hearings about caravan park residency
- Owners of pre-fab or movable homes
- Legislation
- Related Acts
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Owners corporations
- Legal info
- Resolving disputes
- What is an owners corporation?
- Applying to VCAT
- Responsibilities of owners corporations
- Property maintenance and repairs
- Financial management
- Meetings, making and recording decisions
- Rights and duties of occupiers and owners
- Rules and model rules
- Legislation
- Where to find Victorian law
- VLA help
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Residential tenancy
- Legal info
- What is a residential tenancy?
- Key changes to residential tenancy in 2021
- Starting a rental agreement
- Discrimination
- Renting with children
- Tenancy databases
- Register of 'dodgy' rental providers
- Utility charges
- Condition reports
- Bonds
- Minimum standards
- Pets
- Rights of entry
- Modifying the property
- Repairs to property
- Must renters pay for fence repairs?
- Insurance for rental providers
- Assignment and sub-letting
- Rent increases
- Financial orders against renters
- Breach of duty notice
- Protections from violence when renting
- If a renter is violent
- Ending a tenancy
- What terminates an agreement
- How to end an agreement
- Notices to vacate
- Leaving before a notice expires
- Eviction for overdue rent
- Bond repayments
- One party lives interstate
- If a renter dies
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Rooming houses
- Legal info
- What is a rooming house?
- Rooming house operators
- Differences between renters and rooming house residents
- Starting a rooming house residency
- Rights and responsibilities in a rooming house
- Minimum standards for rooming houses
- Bonds for rooming house residents
- Rent at a rooming house
- Repairs in a rooming house
- Ending a rooming house residency
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Uncollected goods
- Legal info
- What are uncollected goods?
- Goods left for repair or treatment
- How to claim uncollected goods
- Giving notice before disposal
- Disposal of goods left for repair
- Buying and selling uncollected goods
- Goods left by housemates, boarders, friends or ex-partners
- Recovering goods left behind
- Goods left behind by renters or residents
- Vehicles and uncollected goods
- Vehicle impounded for hoon offence
- Caravans and mobile homes
- Vehicles dumped or abandoned
- Abandoned goods or goods left as hard rubbish
- Pawned goods
- Goods left behind on public transport
- Unclaimed prizes
- Goods held by police
- Goods forfeited or recovered by the court
- How to complain if goods disposed of unlawfully
- Legislation
- Where to find Victorian law
- VLA help
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Wills, estates and dying
-
- Estate administration
- Legal info
- Executors and administrators
- Executor does not wish to act
- Executor dies
- Grant of Representation
- Supreme Court procedures
- Small estates
- Inspecting a Will
- Challenging a Will
- Testator’s family maintenance
- Validity of a Will
- The Will is lost
- There is no Will
- Offence to conceal a Will
- Distributing the estate
- Missing persons
- Legislation
- Related acts
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Wills
- What is a Will?
- Who can make a Will?
- Wills for people under 18
- Wills for people with a disability
- What goes in a Will?
- Life interests
- Making a valid Will
- Witnessing a Will
- Invalid Wills
- Executors
- Trusts and trustees
- Beneficiaries
- Keeping and inspecting a Will
- Changing a Will
- Marriage, divorce and Wills
- Wills made interstate or overseas
- International Wills
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Criminal
-
- Help Before Court best practice guide
- Help Before Court overview
- Help Before Court intake and triage
- Determining the level of assistance
- Preparing for an appointment and delivering advice
- Help Before Court advocacy services
- Help Before Court conflicts policy
- Help Before Court information for VLA managers
- Panel practitioner invoicing
- Recording advices and appearances
- Help Before Court resources
-
- Summary crime training and practice resources for contested hearings
- Introduction to the 'not guilty plea' guideline
- Representing First Nations clients
- Misidentification in family violence contexts
- Abuse of power
- Running contested hearings
- Working with clients affected by police misconduct
- Communities of Practice
- How duty lawyers can help with hearings at the Magistrates’ court
-
- Criminal procedure
-
- An overview of Magistrates' Court procedure
- Legal info
- Which offences can be heard in the Magistrates' Court?
- Time limits for summary crime
- Starting criminal proceedings
- Errors in charge-sheet
- Summary case conference
- Service
- Witnesses
- Going to court
- Does the accused have to go to court?
- Can a court hearing be moved or adjourned?
- Arrest warrants
- Rehearings
- Lodging an appeal
- Assessment and referral court list (ARC)
- Interstate court fines
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Appeals
- Legal info
- What is an appeal?
- Appeals from Magistrates' Court
- Appeals to the Supreme Court
- Appeals by the prosecution
- Appeals to Court of Appeal
- High Court appeals
- Appeals from prison
- Legislation
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Bail
- Legal info
- What is bail?
- Who makes bail decisions
- Bail application
- Key changes to bail in 2024
- Bail conditions
- Bail guarantor (surety)
- Variation of bail
- Bail support program—CISP
- Breach bail conditions
- Opposing bail and prosecution evidence
- When bail is refused
- Show compelling reason
- Bail only in exceptional circumstances
- Extension of bail
- Bailed and arrested on another charge
- Fail to appear in court
- Aboriginal people and bail
- Children and bail
- Family violence and bail
- Right of appeal
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Diversion
- Legal info
- What is diversion?
- Who is eligible for diversion
- Is diversion best?
- How to apply for diversion
- Hearing when diversion complete
- Criminal records and diversion
- Young people and diversion
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Witnesses
- Legal info
- Who is a witness?
- Making a statement
- Statement of no complaint
- Statement not accepted
- Offences relating to withdrawing a statement
- Witnesses at court
- Expert witnesses
- Witness protection
- Witnesses and the accused
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Drugs
-
- Legal info
- What is a drug of dependence?
- Psychoactive drugs
- What is possession?
- Common law possession
- Deemed possession
- Disputing possession
- Attempted possession
- Bongs, syringes and other equipment
- Forged prescriptions
- Publication or possession of documents
- What is drug use?
- Cultivation
- Trafficking
- Search and seizure
- Quantities and sentencing
- Possession and use
- What is a small quantity?
- What is a traffickable quantity?
- Cultivation and sentencing
- Drug courts
- Appeals against a drug sentence
- VLA help
- VLA resources for clients
- Legislation
- Services and info for clients
- References
- CALD resources
- Extradition
-
- Fines
- Guide to 7-day notices
- Electing to challenge fine in court
-
- Legal info
- What is a fine?
- Court fine collection statements
- Key changes to fines in 2017
- Fine process
- Special circumstances
- Family violence and fines
- Work and development permits
- Contesting the fine
- Court costs
- Objecting to an infringement conviction
- Fines and additional penalties
- Value of penalty units
- Negotiating payment
- Enforcement review
- Enforcement
- Legal Help advice about fines
- Traffic camera fines
- Company fines
- Services and info for clients
- References
- Forms
- CALD resources
- Covid19 Fines concession scheme
-
- Firearms and weapons
-
- Legal info
- What are firearms and weapons?
- Imitation, replica or toy?
- Controlled and prohibited weapons
- Body armour
- Firearms
- Prohibited persons
- Applying to be a non-prohibited person
- Firearm prohibition orders
- Weapons and young people
- Weapons and family violence
- Firearms and weapons offences
- Police use of firearms
- Weapons search in a designated area
- Unplanned or surprise searches
- Services and info for clients
- References
- Forms
- CALD resources
-
- Police powers
-
- Arrest
- Legal info
- What is an arrest?
- How an arrest is made
- Citizen's arrest
- Is arrest lawful?
- Arrest without a warrant
- Use of force
- Police obligations
- Offences outside Victoria
- Commonwealth offences
- Arrest and terrorism offences
- Apprehending someone to protect them or others
- Protests, community activism and arrest
- Arrest powers under other Acts
- Legislation
- Related Acts
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Body worn cameras
- Legal info
- What is a body worn camera?
- How will police use body worn cameras?
- Storage of the footage
- Accessing footage from body worn cameras
- Family violence and body worn cameras
- Legislation
- VLA help
- Where to find Victorian law
- Services and info for clients
- References
- CALD resources
-
- Complaints about police
- Legal info
- Who handles complaints
- When to make a complaint
- How to make a complaint
- Investigating a police complaint
- Taking legal action
- Complaints about the Australian Federal Police
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Fingerprints
- Legal info
- What are fingerprints?
- When prints can be taken
- Schedule 7 offences
- Refusing to be fingerprinted
- Destroying fingerprints
- Fingerprints and young people
- Fingerprints for Commonwealth offences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Forensic procedures and DNA
- Legal info
- What is a forensic procedure?
- When forensic procedures can be carried out
- Forensic sample offences
- DNA profile samples
- Court orders for forensic procedures
- DNA database
- Commonwealth forensics
- Young people and forensic procedures
- When samples must be destroyed
- Giving a sample voluntarily
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Information release policy (police checks)
- Legal info
- What is a police record?
- When police release information
- What information is released?
- Child offenders
- National police record check
- Applying for a certificate
- International requests for police checks
- Releasing a record of Commonwealth offences
- Duty of disclosure
- Spent convictions and amending the record
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Name and address
- Legal info
- When can police ask a person's name and address?
- Protective services officers power to ask
- ID when driving
- ID using public transport
- Cyclists and name and address
- Asking young person for name and address
- Legislation
- Where to find Victorian law
- VLA resources for clients
- Services and info for clients
- References
- Forms
- VLA help
- CALD resources
-
- Questions and interviews
- Legal info
- What is a police interview?
- What to expect at a police interview
- Right to silence
- Contact with lawyer, family or friend
- Time person can be held for questioning
- Using an interpreter
- Recording the interview
- Police conduct during interviews
- Questioning an Aboriginal person
- Interviews with young people
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Search
- Legal info
- What is a search?
- Who has power to search?
- Search warrants
- Personal searches
- Where there has been no arrest—stop and search
- Search of person after arrest
- Personal search for weapons in designated area
- Strip searches
- Property search
- Search to protect animals or environment
- If property is damaged during a search
- Searching for drugs
- Commonwealth search powers
- Search of a motor vehicle
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- References for searches
- Services and info for clients
- Forms
- CALD resources
-
- Seizure and return of property
- What is seizure of property?
- Treatment and storage of goods
- How long can goods be held?
- Warrants
- Stolen property
- Stolen property and interstate offences
- Seizure of weapons
- Seizure of motor vehicles
- Treatment of drugs after seizure
- Volatile substances and related items
- Property seized to satisfy a debt
- Disposal of property
- Terrorism law and seized property
- Forfeiture and confiscation
- Restraining orders and tainted property
- Automatic forfeiture
- Protection for 3rd parties
- Legislation
- Related law
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Traffic offences
- Duty of disclosure to Police s60 Notice
-
- Alcohol interlocks
- What is an alcohol interlock?
- When do drivers need an interlock device?
- Can someone avoid an interlock by not driving?
- Getting an interlock exemption
- How interlocks work
- Cost of interlocks
- How long will an interlock condition apply?
- When vehicle is shared by others
- Prior or subsequent drink-drive offences
- Alcohol interlock offences
- Appealing against an alcohol interlock order
- Interstate issues
- Removing an interlock device
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Bicycle offences
- What is a bicycle?
- Wheelchairs, blades, scooters, skateboards and e-personal transporters
- Bicycle equipment
- Carrying passengers
- Careless cycling and accidents
- Road rules for cyclists
- Road rules about bicycles for other vehicles
- Where to ride
- Alcohol and cycling
- Policing cyclists
- Using a mobile phone when cycling
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
- Electric scooters (e-scooters)
-
- Careless and dangerous driving
- Careless driving
- Court decisions and defences (careless driving)
- Dangerous driving
- Court decisions and defences (dangerous driving)
- If there is a death or serious injury
- Driving while police are in pursuit
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Demerit points
- What are demerit points?
- Electing to extend the demerit point period
- Demerit points register
- Date that points are added to a licence
- Calculating demerit suspension periods
- Novice drivers and demerit points
- Unlicensed drivers and demerits
- Demerit points and driving interstate
- How demerit suspension fits with other penalties
- Difference between licence suspension and cancellation
- Driving while licence is suspended
- Value of penalty and fee units
- Getting your licence back after suspension ends
- How VLA can help with demerit points
- Legislation
- Where to find Victorian law
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Drink driving
- What is drink driving?
- Breath and blood testing
- Preliminary breath tests
- Breath analysis
- Blood tests
- Blood tests after a road accident
- Drink driving offences
- Driving under the influence (DUI)
- Over the limit
- Fail blood or breath test
- Refusal offences
- Supervising driver
- Aid and abet
- Subsequent offences
- Cycling while intoxicated
- Trains, trams and boats
- Drinking while driving
- Combination drug and alcohol offences
- Novice drivers
- Zero blood alcohol concentration
- Penalties for drink driving
- What happens to a driver's licence?
- Difference between licence suspension and cancellation
- Drink driving infringements
- Defences for drink driving
- Refusal defences
- DPP v Kypri summary
- Over the limit defences
- How to appeal
- Police and drink driving
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Driving while using mobile phones or devices
- Fully licensed drivers using devices while driving a motor vehicle
- Novice drivers using devices while driving a motor vehicle
- Unauthorised drivers using a phone or device while driving
- Riders and operators of bicycles, electric scooters, and vehicles that are not motor vehicles
- Operation of devices in relation to wheeled recreational devices and electric personal transporters
- Passengers using devices in motor vehicles
- Categories of devices, vehicles and drivers
- Takeaway drive-throughs and other in-vehicle transactions
- When is the vehicle parked?
- Legislation about mobile phones and devices
- Where to find Victorian law relating to mobile phones and devices
- How VLA can help with driving and mobile phones and devices
- Services and info for clients about mobile phones and devices
- CALD resources for mobile phones and devices
- References for mobile phones and devices
-
- Drug driving
- What is drug driving?
- How long are drugs in the system?
- Drug driving offences
- Driving under the influence of drugs
- Combination drug and alcohol offences
- Driving while impaired
- Defences for impaired driving
- Proof for impaired driving offence
- Drive with prescribed drugs present
- Provide positive sample of oral fluid
- Refusing test offences
- Obstruct or hinder getting a sample
- Drug impairment assessments
- Refusing a drug impairment assessment
- Saliva tests
- Blood and urine tests
- Blood tests used as evidence
- Procedure for blood tests
- Refusing a blood or urine test
- Penalties for drug driving
- Drug driving infringements
- Drug driving defences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Hoon driving
- What is hoon driving?
- Which are the relevant offences?
- Monkey bikes and hooning
- Police powers
- What police must tell the owner
- Search powers
- Apply for court orders
- Can police seizure be challenged?
- When can a vehicle be impounded or immobilised?
- When a vehicle can be forfeited and sold
- What happens to a forfeited vehicle?
- Offences for not complying with hoon laws
- Drivers to complete safe driving course
- How to get the vehicle back
- Release of vehicle in exceptional circumstances
- If vehicle is not collected
- Not guilty or not charged?
- Owner must not sell vehicle
- If owner was not the driver
- Innocent people affected by notice or order
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Interstate and overseas
- National road rules and exchange of driver information
- Drivers moving from interstate or overseas
- Victorians driving interstate
- Victorian drivers moving interstate
- Interstate rules and authorities
- Victorians driving overseas
- Interstate drivers in Victoria
- Fines and penalties for interstate drivers
- Overseas drivers in Victoria
- Drink driving offences outside Victoria
- Services and info for clients
- Legislation
- VLA help
- VLA resources for clients
- References
- Forms
- CALD resources
-
- Immediate suspension of licence
- What is immediate licence suspension?
- Difference between licence suspension and cancellation
- Offences that allow immediate suspension
- What must be included in the notice
- How long does the suspension last?
- Challenging the notice
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
-
- Licence restoration
- What is licence restoration?
- Who can apply straight to VicRoads?
- How to apply to court for licence eligibility order
- Behaviour change program
- Getting a licence back after drug driving
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Novice drivers (L and P plates)
- Learner drivers
- Who may accompany a learner
- Probationary drivers
- Passenger restrictions
- Suspension or cancellation of probationary licence
- Demerit points and novice drivers
- Novice motorcyclists
- Where to find Victorian law
- Legislation
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Speeding
- Speed limits and penalties
- How speed is detected
- Official warnings for speeding
- Excessive speed
- Understanding a speeding charge
- Heavy and large vehicles
- Anti-speed devices offences
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Unlicensed or disqualified driving
- What is unlicensed driving?
- Offence if driver is not licensed
- Testing fitness to drive
- Drive while disqualified
- If licence suspended for not paying fines
- Driving without interlock licence
- Difference between licence suspension and cancellation
- What is a subsequent offence?
- Offence to apply for a licence if suspended
- Appeals against licence suspension
- Demerit points and unlicensed driving
- Legislation
- VLA help
- VLA resources for clients
- Where to find Victorian law
- Services and info for clients
- References
- Forms
- CALD resources
-
- Protective services officers
-
- Legal info
- Who are protective services officers?
- Where do PSOs operate?
- What powers do PSOs have?
- 'Move on' powers for antisocial behaviour
- Person believed to be mentally ill
- Offences against PSOs
- PSOs and weapons
- How to complain about a PSO
- Person on bail or parole
- PSO power to search
- Power to issue a fine
- Can PSO ask for name and address?
- Services and info for clients
- References
- CALD resources
-
- Public behaviour offences
- What are public behaviour offences?
- What is a public place?
- Nazi symbols and gestures
- Indecent language
- Obscene or indecent behaviour
- Public intoxication ('drunkenness')
- Barring orders
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
- Where to find Victorian law
-
- Sentencing
-
- An overview of sentencing
- Legal info
- What is sentencing?
- How courts decide
- Sentencing options
- Recording a conviction
- Expunging a conviction
- Sentence indications and discounts
- When custodial sentences are required
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
- Good Behaviour Bonds, Adjourned Undertakings
-
- Spent convictions scheme in Victoria
- Definitions of ‘conviction’, ‘spent conviction’ and ‘criminal record’
- Fact sheets and flow charts on the spent convictions scheme
- Convictions that cannot become spent
- How convictions can become spent
- Convictions that become spent immediately
- Convictions that become spent from the date any conditions on the penalty have been met
- Convictions that become spent once the ‘conviction period’ has passed
- Application to a court for a conviction to be spent
- How to make sure an old conviction has been spent
- When a spent conviction can be disclosed
- Misuse of spent conviction information
- Further information on the spent convictions scheme
-
- Family
-
- Children and parenting
-
- Adoption
- What is adoption?
- Who may adopt and be adopted?
- Fit and proper person
- Consent from parents
- Child's wishes
- Counselling
- Alternatives to adoption
- Adoption procedure
- Overseas adoption
- Adoption by step-parents
- Adult adoption
- Adopting an Aboriginal child
- Parenting orders and adoption
- Locating donors, birth parents or adopted child
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Birth registration
- Notification of birth
- Registering a birth
- Birth registration statements
- Parentage details
- Birth registration and same-sex couples
- Registering a name
- Gender diversity and altering the register
- Surrogacy and birth registration
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- How duty lawyers can help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Child support
- What is child support?
- The Child Support Scheme
- Eligibility
- How to apply for an assessment
- How long an assessment lasts
- How child support is calculated
- How care levels affect payments
- Minimum payments
- Child support and Centrelink payments
- Agreements for child support payments
- If circumstances change
- Debts and collecting arrears
- Enforcing a child support debt
- Overseas child support
- Family violence and child support
- Reviews and appeals
- Ending child support payments
- Adult child maintenance
- Legislation
- VLA help
- VLA resources for clients
- Where to find Commonwealth law
- Services and info for clients
- References
- Forms
- CALD resources
-
- Contravention of orders affecting children
- What is contravention?
- Issues to consider
- Belief that person will contravene orders
- Reasonable excuse
- What the court may do about a contravention
- Orders for costs
- Responding to a contravention application
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Grandparents
- Where do grandparents stand under Australian law?
- Seeing the grandchildren after parents separate
- Grandparents who are primary carers
- Grandparents and child protection
- Gifts of money for grandchildren
- Legislation
- Where to find Commonwealth law
- Where to find Victorian law
- VLA resources for clients
- How duty lawyers can help
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
- Location, relocation, abduction, recovery and travel
-
- Location or information orders
- What are information and location orders?
- How to apply for a location order
- Service of the location application
- Disclosure of information provided
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Relocation of a child
- What is relocation?
- Emergency relocation
- Issues to consider
- How the court decides relocation cases
- If no court orders in place
- If there are court orders
- Relocation overseas
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Taking a child overseas
- When can a child be taken overseas?
- Passports and overseas travel
- How to prevent a child being taken overseas
- Airport watch list
- Removing a child from the list
- Child abducted from Australia
- Child abducted to Australia
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Parentage
- Presumption of parentage
- Proof of parentage
- Seeking orders for DNA test
- Parentage testing overseas
- Amending a birth certificate
- Parentage and assisted reproduction
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Parenting arrangements and child contact
- Equal shared parental responsibility
- Age of child and parenting
- Changing parenting orders
- Allegations of drug or alcohol abuse
- Drug testing
- How the court decides a child's best interests
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Parenting plans
- What is a parenting plan?
- What can be included in a parenting plan?
- Parenting orders and parenting plans
- Parenting plans and financial support for a child
- Registered plans
- How to change a parenting plan
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Pregnancy and unborn children
- Legal status of a foetus
- Abortion
- Child protection and unborn children
- Duty to maintain an unborn child
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- How duty lawyers can help with pregnancy and unborn children
- How duty lawyers can help with child protection matters
- Services and info for clients
- References
- CALD resources
-
- Divorce and nullity
-
- Divorce
- What is divorce?
- Eligibility for divorce
- Separation and divorce
- How to apply for a divorce
- Serving a divorce application
- Divorce court hearings
- Opposing a divorce application
- Overseas marriages
- Polygamous marriages and divorce
- Divorce and religious practices
- Recognition of Australian divorce overseas
- Recognition of a divorce granted overseas
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- How duty lawyers can help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Family violence intervention orders
- Family violence and children
- Further details of allegations for intervention order matters
- Serving court documents
- Breaching an order
- Family violence and visas
- Extend, vary or revoke an order
- Fines and family violence
- Appeals and rehearings
- Advising a respondent
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Procedure in family law
-
- Legal info
- Steps in parenting matters
- Serving documents
- Service via Facebook
- Transfer to another court venue
- Grants of assistance for interstate matters
- Urgent matters
- Getting an injunction
- First court date
- Family and expert reports
- Application in a proceeding
- Use of recordings in court
- Family law courts combine
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Property division
-
- Legal info
- What is property?
- Checklist of property
- Options for property settlement
- Leaving the family home
- Protecting property
- Caveats
- Binding financial agreements or prenuptials
- Consent orders
- Negotiating property consent orders
- Drafting property consent orders
- How to apply for property consent orders
- De facto property
- Spousal maintenance
- Urgent spousal maintenance
- Dispute resolution and property
- Discovery and exchange of documents
- How property is divided by the court
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Youth
-
- Child protection
-
- Legal info
- What is child protection?
- When does a child need protection?
- Leaving a child unattended
- How to report neglect or abuse
- Mandatory reporting
- Offence of failing to disclose child sexual abuse
- Offence of failing to protect a child from sexual abuse
- Reportable conduct scheme
- Are reports confidential?
- Reporting an unborn child
- Role of child protection team and DHHS
- How DHHS investigates
- Deciding the level of risk
- Case planning reviews
- Parties to proceedings
- Questions to ask third parties (non-parents)
- Foster carers
- Kinship care
- Child protection orders
- Historical care and protection orders
- Legislation
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Police powers and young people
-
- Arrest of a young person
- Who is a child?
- When a young person may be arrested
- Child in need of protection
- Graffiti or using public transport
- Underage drinking
- Apprehension and detention for volatile substances
- Legislation
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- Search of a young person
- Who is a child?
- When can searches be carried out?
- Searches at school
- Search for graffiti tools
- Searches for volatile substances
- Youth held in youth training or residential care centre
- Search of centre visitors
- Youth held in secure welfare
- Search of licensed premises
- Strip searches of young people
- Legislation
- Where to find Commonwealth Law
- Where to find Victorian law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- Forms
- CALD resources
-
- General
-
- Complaints about lawyers
-
- Legal info
- Who handles complaints about lawyers
- Investigating a consumer complaint
- Types of complaints
- Mediation of consumer complaints about lawyers
- Types of misconduct
- How to make a complaint against a lawyer
- Investigating a conduct complaint
- VLA help for complaints about lawyers
- VCAT's role in complaints about lawyers
- Transfer of files from one lawyer to another
- Appealing a commissioner decision
- Making complaints to VLA
- Judicial officer complaints
- Legislation
- Services and info for clients
- References
- Forms
- CALD resources
- VLA resources for clients
-
- Prison
-
- Prison issues
-
- Classification of prisoners
- What is prisoner classification?
- Classification procedure
- Risk assessment
- Security risk ratings
- Sentence management
- Placement and separation orders
- Review of classification
- Legislation
- Where to find Victorian law
- VLA help
- About prisoner legal help
- Services and info for clients
- References
-
- Disciplinary hearings
- What are disciplinary hearings?
- How prisoners are disciplined
- Common disciplinary offences
- Possible penalties
- Appealing a disciplinary hearing decision
- Getting reasons for administrative decisions
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
-
- Prison programs and facilities
- Program types
- Clinical programs
- Programs for people with an intellectual impairment
- Recreational programs
- Educational and vocational programs
- Transitional programs
- Prison facilities
- Computers in cells
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
- Deputy Commissioner's Instructions
- International transfer of prisoners
-
- Criminal
-
- Extended supervision
- What are supervision and detention orders
- Key changes to extended supervision in 2018
- Who is an eligible offender?
- When orders and conditions can be made
- Procedure after an application is made
- Renewals, reviews and appeals
- Prohibition orders
- Relevant offences
- Legislation
- Related Acts
- VLA help
- Services and info for clients
- References
- Forms
-
- Parole
- What is parole?
- Eligibility for parole
- Parole and community corrections orders
- Parole for sexual or violent offenders
- How to apply for parole
- How parole is decided
- Parole conditions
- If parole is denied
- Breach of parole
- Cancellation of parole
- Interstate transfer of parolees
- Parole and victims
- Youth parole
- Commonwealth parole
- Legislation
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
- Forms
-
- Family
-
- Intervention orders and prisoners
- Legal info
- What is family violence?
- Who applies for an order?
- What happens after an application is made
- Conditions of orders
- Changing an intervention order
- If an order is breached
- Legislation
- Related Acts
- Where to find Victorian law
- VLA help
- Services and info for clients
- References
- Forms
- CALD resources
-
- Civil
-
- Debt and prisoners
- Must the debt be repaid?
- Negotiating with a creditor
- Complaints and dispute resolution
- Legal action in court
- Small debts and VCAT
- Enforcement
- Bankruptcy
- Credit reporting
- Legislation
- Where to find Victorian law
- Where to find Commonwealth law
- VLA help
- Services and info for clients
- References
- Forms
-
- Migration issues for prisoners
- Applying for a visa
- Cancelling a visa on character grounds
- Mandatory process for cancelling a visa
- Discretionary process for cancelling a visa
- Character test
- Appealing to the Federal Court
- Calculating time in prison
- Other visa cancellations
- Legislation
- Where to find Commonwealth law
- VLA help
- VLA resources for clients
- Services and info for clients
- References
- CALD resources
Related links
- Violence and the Family Law Act
- Personal safety and stalking
- Intervention orders and prisoners
- Victims of crime
- Witnesses
- Firearms and weapons
- Residential tenancy
- Migration
- Bail
- Pilot for use of body-worn cameras in family violence matters extended
- VLA seeking feedback about camera use
- Sheriff may serve a family violence intervention order application
- Separation of roles for Department of Health and Human Services
- Impact of COVID-19
- Court may make interim family violence order in criminal or bail proceeding
- No more appeals against interim orders
- Expansion of family violence
- New service for adults and children experiencing family violence—The Orange Door
- Giving evidence recorded by police at the scene in family violence matters
- Adjournment of family violence criminal proceedings
- Safety
- Protected witness cannot be cross-examined by the respondent
- If family violence makes someone too scared to seek child support