Counselling orders
A magistrate can order a respondent to a family violence intervention order to go to counselling for their violent behaviour. Learn more about who is eligible for counselling and what happens when a magistrate makes a counselling order.
The Court has awarded grants to Anglicare Victoria, Child & Family Services Ballarat (Cafs) and Family Life to deliver counselling programs across all 13 Specialist Family Violence Courts (SFVCs).
The Court will implement the new program in stages. Magistrates will recommence making counselling orders at SFVC venues from the following dates:
- 28 January – Latrobe Valley, Sunshine, Broadmeadows and Shepparton
- 3 February – Dandenong, Frankston, Melbourne, Moorabbin, Ringwood
About family violence counselling orders
A counselling order is a type of court order made by a Specialist Family Violence Court magistrate. It requires a respondent to a final family violence intervention order (FVIO) to attend court-approved counselling. The aim of counselling is to support respondents to take responsibility for their behaviour and make positive changes to help keep their family safe from violence.
What is court-approved counselling?
A counselling order directs a respondent to attend a specific counselling program with an approved provider. The type of counselling programs and providers vary across courts. You will find out more about the program if you are ordered to attend counselling.
Counselling providers
- Child and Family Services (Cafs): Ballarat
- Family Life: Dandenong, Frankston, Melbourne, Moorabbin, Ringwood
- Anglicare Victoria: Bendigo, Broadmeadows, Geelong, Heidelberg, Latrobe Valley, Shepparton, Sunshine.
How is a counselling order made?
A magistrate will decide if the respondent is eligible for counselling. A respondent may be eligible for counselling if:
- their matter is being heard at a Specialist Family Violence Court
- they are the respondent in a final family violence intervention order
- they are an adult (18 years or older)
- they can communicate in English.
Not all respondents to a final FVIO will be ordered to attend counselling.
Eligibility assessment
The first step is for the Court to assess if a respondent is eligible for counselling.
After making a final FVIO, a magistrate may order the respondent to attend an eligibility assessment interview with a family violence practitioner.
The respondent will receive a Notice to Attend Eligibility Assessment that tells them when and where the interview will be. The interview can be up to one hour. It can be online or in person and is usually on the same day as the FVIO hearing.
After the interview, the family violence practitioner will prepare a report for the magistrate. The respondent will also get a copy of the report.
The respondent must attend the interview. If they do not, the police can charge them with a criminal offence.
The magistrate's decision
After the interview, the respondent will return to the courtroom for the magistrate’s decision.
If the magistrate decides to order the respondent to attend counselling, the respondent will receive a Notice to Attend Counselling. The notice will explain:
- why the order was made.
- what to do next, including the date and time of the first session with the counselling provider.
The magistrate can make the counselling order even if the respondent is not at court.
Following a counselling order
The respondent must follow the instructions in the Notice to Attend Counselling. This includes attending the first session with the counselling provider listed on the notice and subsequent sessions that form part of the approved counselling program.
The counselling provider will discuss the dates of all counselling sessions with the respondent and provide the Court with a certificate of completion when the respondent has finished all sessions.
Failing to attend counselling could result in criminal charges. Visit Intervention Order Breaches to learn more.
Support for Affected Family Members
The counselling provider can support the primary Affected Family Member (AFM) named on the FVIO while the respondent is attending counselling. This support is optional and will only be offered if the AFM agrees. The respondent will not be advised if the AFM is receiving support or be able to obtain any further information about the AFM.
Changing a counselling order
The Court allows changes to counselling orders in limited circumstances. Contact your local court for more information.
Need more information?
For more details, contact your nearest Specialist Family Violence Court.
Resources
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.
