Family Violence Lawyers Melbourne

Our Melbourne lawyers are empathetic and provide comprehensive legal guidance for moving through family violence matters while prioritising your safety and wellbeing.

Our Melbourne family violence lawyers will help guide you towards a safer future

Navigating family violence requires sensitivity and expertise. At Testart, we understand the complexity and emotional toll involved in disputes concerning family violence and intervention orders.

Our compassionate team is here to provide the support and legal counsel you need during this challenging time.

Free Appointment

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Our lawyers understand the impact of domestic and family violence

Family violence has a devastating effect on everyone involved and requires a delicate approach, especially when there are children involved or co-parenting matters.

We always prioritise your wellbeing and strive to provide clarity amidst the confusion. Our dedicated team ensures you understand your legal rights and options, guiding you towards a resolution that places the safety and stability of your family above all else.

With our experienced team, you can rest assured that your case will be handled with care and precision. From explaining the intricacies of family violence law to creating personalised legal strategies tailored to your unique circumstances, we are committed to achieving the best possible outcome for you and your family.

Navigating your options with your informed consent

Navigating options with your informed consent is paramount in resolving family violence matters. At Testart Family Lawyers, we prioritise your understanding and involvement in decision-making processes. With clear communication and comprehensive explanations, we ensure you can make informed choices that align with your goals and values.

We will ensure you have the information required to understand how relevant law applies to you, work out the best course of action and help you navigate the system to achieve a fair outcome.

After decades of working in this area of the law, we know how difficult and traumatic dealing with family violence orders can be. But we also know that getting good advice and legal support can make the entire process easier and less stressful for all involved. Ultimately, we aim to use our experience and expertise to help you navigate a difficult time and protect your best interests.

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Areas of Practice

We work with families across all family law matters and specialise in compassionate support for family violence issues, high-conflict co-parenting disputes, and family violence orders. We focus on providing compassionate support and strategic legal representation to help you navigate these challenging situations safely and effectively.

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Family Law

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De Facto Couples

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Children & Custody

family law property settlement

Binding Financial Agreements

family law property settlement

Property Settlement

domestic violence lawyer

Family Violence

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Intervention Orders

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Same Sex Divorce

Assistance with Family Violence Intervention Orders (FVIO)

Disputes about family violence orders (also known as ‘intervention orders‘, ‘apprehended violence orders’, ‘IVOs’ or ‘AVOs’) can be overwhelming, traumatic, and confusing for everybody involved. They can also be incredibly complex and confusing when it comes to the interaction between proceedings in the state court jurisdiction (under the Family Violence Protection Act (Vic) 2008) and the family court jurisdiction (under the Family Law Act (Cth) 1975).

We aim to be, above all else, sensitive to our client’s concerns. We are there to help them understand all areas of law about family violence and to understand all of their needs. We aim to ensure that our clients can move forward in their new lives safely and securely after witnessing or experiencing family violence.

How To Work With Testart

Step 1: Book Your Free Appointment

Start your journey towards resolution by scheduling a confidential consultation with our knowledgeable legal team. No fees are attached, allowing you to discuss your situation openly without any costs.

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Step 2: Get a Plan of Action

Receive a personalised legal strategy crafted specifically for your circumstances and goals. We’ll outline the best action to achieve a secure outcome for you and your family.

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Step 3: Engage Us As Your Guide

Access the support you need to reach a clear outcome and create stability for your family’s future. Our experienced team will guide you through every step of the process, ensuring your rights are protected.

Book Your Free Appointment

Ready to secure your family’s future? Partner with Melbourne’s Testart Lawyers and experience the support and expertise needed to navigate family violence matters with security. Let us handle your legal concerns while you focus on rebuilding and moving forward.

Call Us

Address

Level 3, 489 Toorak Road

Toorak VIC 3142

Open Hours - By Appointment

Mon - Fri: 9am - 5pm

Closed Sat - Sun

What our clients have to say

claire simm
claire simm
3 November 2023
I can highly recommend this firm, in particular Abbey who I met with. She was extremely knowledgeable & experienced & very helpful to talk to. She gave me so much of her time (as the initial consultation is free of charge) & was able to answer all my questions. She displayed great kindness & sensitivity & has a lovely warm nature but also made me feel confident in what she was saying. Thank you so much Abbey, I’m so grateful for your help 🙏😊
Travis McNamara
Travis McNamara
4 September 2023
Marc & Julia were kind, considerate and compassionate in discussing my legal needs, and helping me to navigate what has been a stressful time. I wouldn’t have any hesitation in recommending the firm to friends, family or anyone that is seeking support from an organisation that truly operates with heart. That is a rare quality, and I certainly appreciated it.
Daniela Resel
Daniela Resel
17 April 2023
Testart is exactly the legal team for you if you are a person who values high end Family Lawyers who will uniquely design your legal case for the best outcome. Testart will not absorb your finances and in fact the finance team will keep you on target . The most outstanding service you will ever come across. The team is knowledgeable and will never make a commitment they will not deliver. I appreciated and noted despite how crippling my situation was, Testart supported me beyond just representing me as client. If you are a woman, and lost in the process of seeking family law advice, please give them a call. They will listen with compassion and provide several solutions for your situation. I honestly was surprised how important my case was viewed and I never felt alone nor unprotected. Testart removed the unnecessary stress for my safety and security as they are well equipped in all elements of Family Law and placed high importance for the protection /safety/ wellbeing of my children and immediate family members.
Appu Ryan
Appu Ryan
31 January 2023
Thank you Marc, Abbey Stephanie for being there solving my concerns. Abbey I do not have words for the immense support you gave me from the start to the Finish all the way through. A highly professional team with Integrity. Once again I Thank all of you and Wish you all the very best with all the blessings for an excellent leading career. Remember In Prayers.
Tanya Veto
Tanya Veto
25 July 2022
After two long years of frustration with another lawyer, I finally made my way to Marc, Abbey and Steph. They were able to get things moving and within three months my case was settled. I cannot thank them enough for their care and kindness along with their expert knowledge. I highly recommend Testart Family Lawyers.
pinkle patel
pinkle patel
6 April 2022
Marc was great in assisting with the family dispute matters. He is an exceptional lawyer with a great calibre. He was very attentive and supportive during the difficult time of my complex matter. I deeply thank Testart Family for helping to reach a solution after a long battle of years. Highly recommend Marc for his compassion and professionalism towards the family law dispute.
Sarah Blee
Sarah Blee
13 February 2022
I recently engaged Testart Family Lawyers to assist with the preparation of a Binding Financial Agreement and could not have been happier with the advice and service I received. Marc is approachable, compassionate, knowledgable and an expert in his field. I highly recommend Testart Family Lawyers to anyone needing a family lawyer.
kangaroo logs
kangaroo logs
1 February 2022
Marc Tesart is very cooperative and understanding. Client satisfaction is their priority.
Christine D
Christine D
20 September 2021
It has been a great pleasure to choose Testart Family Lawyers to represent me for my legal matter. Marc and his team have been very professional, knowledgeable and efficient throughout my legal proceeding. I cannot express how thankful i am to Marc and his team in helping with my matter. I highly recommend Testart Family Lawyers.

Frequently Asked Questions

If you are in immediate danger, please call 000

What types of intervention orders are available in Victoria?

In Victoria, you can obtain various types of intervention orders to protect yourself from domestic violence. These include:

  1. Family Violence Intervention Orders: Designed to protect you from domestic violence within a family relationship or intimate personal relationship.
  2. Personal Safety Intervention Orders: Applicable for protection outside family relationships, such as stalking or harassment.
  3. Temporary Protection Orders: Issued urgently to provide immediate protection while awaiting a final order.

Can these orders cover children?

Yes, children can be covered by domestic violence protection orders, as can other loved ones. Child protection provisions can be included in these orders to ensure the safety and wellbeing of children affected by domestic violence. This can involve restrictions on contact or provisions for safe parenting arrangements.

What are my legal options if I am experiencing domestic violence from my child’s other parent and still want them to have a relationship, safely?

If you are experiencing domestic violence from your child’s other parent and wish for them to maintain a relationship with the child, you can:

  1. Your first step is to apply for a domestic violence protection order that includes specific provisions for child protection and safe parenting arrangements.
  2. Seek a Protection Order Application to outline safe conditions for contact.
  3. Use a family lawyer or dispute resolution services to negotiate safe and workable solutions while prioritising your safety and the child’s welfare.
  4. Request parenting court orders that outline the terms of visitation for your former partner, which will probably be supervised visits. Let the court know that there is an FVIO in place and that, as an applicant for the order, you are a victim of domestic violence.
  5. Ensure your children’s school and other parties know the circumstances and provide copies of any orders.
  6. If you have any concerns about your ex-partner trying to relocate with your child, consider placing them on a flight watchlist.

What is a police protection notice in Victoria?

A police protection notice in Victoria is a temporary measure issued by Victoria Police to ensure immediate safety for individuals facing domestic violence. It can include conditions like prohibiting contact or requiring the respondent to leave the home.

This notice is short-term, lasting until a court can issue a more permanent domestic violence protection order. Breaching the notice can lead to serious legal consequences.

How do I apply for an intervention order?

To apply for an intervention order, follow these steps:

  1. File a domestic violence application at the local Magistrates Court or online through the court’s website.
  2. Provide evidence of the abusive behaviour and your need for protection.
  3. Attend a court hearing where a magistrate decides whether to grant a temporary or final domestic violence protection order.

What is considered family violence or domestic violence?

Many behaviours are considered family or domestic violence, including:

  • Physical abuse (e.g., hitting, slapping)
  • Emotional abuse (e.g., verbal insults, threats)
  • Psychological abuse (e.g., manipulation, intimidation)
  • Financial abuse (e.g., controlling access to money)
  • Sexual abuse (e.g., coercion, assault)
  • Social isolation (e.g., restricting contact with others)
  • Stalking (e.g., unwanted surveillance, following)
  • Harassment (e.g., repeated, unwanted contact)
  • Threats of violence (e.g., threats of harm or death)
  • Property damage, or threats to do so
  • Intimidation (e.g., threatening gestures, actions)
  • Coercive control (e.g., manipulating behaviour)
  • Destruction of property (e.g., damaging belongings)
  • Using children (e.g., threats related to children)
  • Economic abuse (e.g., withholding financial resources)
  • Verbal abuse (e.g., name-calling, belittling)
  • Gaslighting (e.g., making someone doubt their reality or mental health)
  • Digital abuse (e.g., monitoring online activity, cyberbullying)
  • Threats of self-harm (e.g., threatening suicide to manipulate)
  • Intimate partner violence (e.g., abuse within a relationship)
  • Neglect (e.g., failing to provide necessary care)

These forms can overlap and often coexist, contributing to a broader pattern of domestic violence. If you or a loved one are experiencing violence of this type, you can speak to our team, the police or local domestic violence support organisations for immediate assistance.

How do I respond to an intervention order?

To respond to an intervention order:

  1. Review the order carefully to understand the restrictions or requirements imposed.
  2. Attend the court hearing on the specified date to present your side of the case.
  3. Seek legal advice from an experienced domestic violence lawyer to ensure you understand your rights and obligations under the order.

What is considered a breach of an intervention order?

A breach of an intervention order occurs when the respondent violates any conditions set by the order. This can include:

  1. Contacting or approaching the protected person against the terms of the order.
  2. Engaging in further abusive behaviour or economic abuse.
  3. Failing to comply with specific provisions, such as not attending certain locations or adhering to visitation restrictions.

Breaches can lead to serious consequences, including further domestic violence proceedings, criminal charges and additional court proceedings.

How do you help with family violence and the intervention order process?

Navigating the complexities of family violence and securing a family violence intervention order can be overwhelming. At our family law firm, we understand the gravity of these situations and are committed to providing comprehensive legal services.

By choosing to work with our domestic violence lawyers, Melbourne families can access crucial support services, guidance, and representation throughout the entire process, from attending court hearings at the magistrates court to ensuring your personal safety. We help you understand your rights as an affected family member and work to address domestic violence matters effectively.

How will hiring family/domestic violence lawyers help me resolve my matter?

Hiring expert family/domestic violence lawyers is essential in addressing family violence offences and securing justice for affected family members.

With a comprehensive understanding of criminal law and domestic violence laws, our legal team advocates for your rights and safety. From attending court hearings to negotiating plea bargains or community corrections orders, we strive to achieve the best possible outcome for your case. Our commitment to your wellbeing extends beyond the courtroom, ensuring you receive the support services and resources needed to move forward.

 

What should I do if I’ve been a victim of family violence?

If you’ve been a victim of family violence, it’s crucial to seek immediate assistance and ensure your personal safety. Contacting law enforcement and seeking advice from expert lawyers can help you understand your legal options and protect your rights as an affected family member.

Our family law firm specialises in addressing family violence cases, providing compassionate support and legal help to victims. We recognise the serious consequences of verbal abuse and financial abuse and work tirelessly to hold perpetrators accountable for their actions.

What is an intervention order?

A family violence intervention order, also known as a domestic violence order, is a legal document issued by the magistrates court to protect individuals from domestic or family violence. It prohibits the respondent from committing domestic violence or approaching the affected family member.

Breaching an intervention order is a criminal offence that can result in serious consequences, including a criminal record or prison sentence. Our expert lawyers can help you comply with intervention orders and navigate the court process effectively.

Do I need a family violence lawyer to apply for an intervention order?

No. You don’t necessarily need a family violence lawyer to apply for an intervention order, but having one can be incredibly beneficial. A lawyer can provide you with expert guidance and support throughout the process, ensuring your application is completed correctly and effectively. They can help you understand your rights, navigate the legal system, and represent your interests, which can make a significant difference in protecting yourself and your loved ones. If you’re feeling overwhelmed or unsure, seeking legal assistance can offer valuable peace of mind and support.

An interim agreement, known as an Interim Consent Order, is a temporary arrangement made between parties amidst divorce or separation proceedings, which can be helpful if you and/or your children are victims of domestic violence.

It offers provisional solutions for parenting or financial concerns until a final resolution is reached. These agreements are crucial for urgent relief, such as temporary living arrangements for children or interim financial support. While not permanent, interim Consent Orders hold legal weight and are enforceable until replaced by final consent orders or a court judgment. Seeking guidance from an experienced family lawyer proficient in interim Consent Orders is essential to protect your rights and interests during this transitional phase.

What is the Family Violence Protection Act?

The Family Violence Protection Act is legislation enacted to address and prevent family violence in Australia. It recognises the rights of affected family members and provides legal mechanisms, such as intervention orders, to protect their safety. Under the Family Violence Protection Act, the magistrates court has jurisdiction over family violence cases and can issue orders to prevent further harm. Our expert lawyers have a comprehensive understanding of this legislation and work to ensure that your rights are upheld throughout the legal process.

Which court deals with domestic violence in Australia?

Domestic violence cases are typically heard in the Magistrates Court, where intervention orders are issued to protect victims. Our family law firm specialises in representing clients in the magistrates court, advocating for their rights as affected family members. From attending court hearings to negotiating plea bargains or personal safety orders, our lawyers are committed to achieving the best possible outcome for your case. We recognise the serious consequences of domestic violence and work tirelessly to hold perpetrators accountable for their actions.

How much does domestic and family violence cost in Australia?

The cost of domestic violence in Australia is significant, encompassing both tangible and intangible expenses. We are aware that family violence affects people of all genders, but as a starting point, The Department of Social Services report, titled the ‘Economic cost of violence against women and their children‘ noted that:

“Without appropriate action to address violence against women and their children, an estimated three-quarters of a million Australian women will experience and report violence in the period of 2021-22, costing the Australian economy an estimated $15.6 billion.”

Beyond financial burdens, such as healthcare costs and legal fees, domestic violence takes a profound toll on individuals, families, and communities. From physical violence, sexual violence, and emotional abuse to psychological abuse, the impact of domestic violence is far-reaching and multifaceted. Our Melbourne family violence lawyers are dedicated to addressing family violence cases and providing support to victims, ensuring that their rights are protected and their voices are heard.