Magistrates' Court (Family Violence) Rules 2000

Version No. 003

Magistrates' Court (Family Violence) Rules 2000

S.R. No. 73/2000

Version incorporating amendments as at 14 March 2008

table of provisions

RegulationPage

1Object

2Authorising provisions

3Commencement

4Revocation

5Definition

6Form of complaint and summons

7Form of complaint and warrant

8Form of consent

9Application for variation on revocation of order

10Form for intervention order

11Extension of time for holding power

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FORMS

Form 1—Complaint and Summons for an Intervention Order

Form 2—Complaint and Warrant for an Intervention Order

Form 3—Consent

Form 4—Application to revoke, vary or extend an Intervention Order

Form 5—Intervention Order

Form 6—Application to Extend the Period of Direction or Detention of
a Directed Person

Form 7—Order for Extension of Period of Direction or Detention of a Directed Person

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 003

Magistrates' Court (Family Violence) Rules 2000

S.R. No. 73/2000

Version incorporating amendments as at 14 March 2008

S.R. No. 73/2000

Magistrates' Court (Family Violence) Rules 2000

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to provide forms relating to certain applications to the Magistrates' Court under the Crimes (Family Violence) Act 1987.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 26 July 2000.

4Revocation

The Magistrates' Court (Family Violence) Rules 1990[1] are revoked.

5Definition

In these Rules—

the Act means the Crimes (Family Violence) Act 1987.

6Form of complaint and summons

A complaint for an intervention order must be in Form 1.

7Form of complaint and warrant

r. 7

A complaint and warrant must be in Form 2.

8Form of consent

The consent of a person for the purposes of section 7 or section 16 of the Act must be given in Form 3.

9Application for variation on revocation of order

An application for the revocation, variation or extension of an intervention order must be in Form4.

10Form for intervention order

An intervention order must be in Form 5.

Rule 11 insertedby S.R.No. 83/2006 rule 5.

11Extension of time for holding power

(1)For the purposes of section 8AH of the Act, a form of application for an application to extend the period of direction or detention of a directed person may be in Form 6.

(2)For the purposes of section 8AH of the Act and subject to any terms indicated by the court, a form of order under section 8AG of the Act may be in Form 7.

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FORMS

Form 1

Sections 7, 9
Complaint and Summons
for an Intervention Order / Court Ref.
Date of Hearing
/ /
Who makes the Complaint?
(Complainant)
Address
Postcode: / Phone:
The complainant /  is a member of the Police Force
 is the aggrieved family member
 is a parent of the aggrieved family member who is a child
 has the written consent of the aggrieved family member, (if over 17)
or, if the aggrieved family member is a child under 17, with the
written consent of the parent of the child
 is a guardian appointed under the Guardianship and
Administration Act 1986
 is a person who seeks to make the complaint with the leave of the
Court

If the complainant is either—

(a)a child aged 14 or older (but less than 17); or

(b)a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or

(c)a person other than the guardian appointed under the Guardianship andAdministration Act 1986 if an appointment has been made—

the leave of the Court to make the complaint is required.

Do you require the leave of the Court?  Yes  No

Who is the complaint against /  Male  Female
Address
Postcode: / Date of Birth / /

The Complaint

State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date and place where it happened.
Who needs the Order?
(Aggrieved Family Member) /  Male  Female
Relationship to the defendant / Date of Birth / /
Do you need an interpreter? /  No  Yes—What language

(If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member)

Form 1

Have you applied for, or received a Court Order under the—

Family Law Act of the Commonwealth? /  No /  Yes—write details below
Crimes (Family Violence) Act 1987? /  No /  Yes—write details below

Please give the date the Order or Application was made, the type of Order or Application and the name of the court.

What sort of Intervention Order do you want?

State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening?
Number each one.
Complainant's signature(s) / Date / /
To the defendant
WARNING: If you do not come to Court, the Court may hear the case without you or adjourn
the case and issue a warrant for your arrest.
Where you must go / Magistrates' Court
Address
Phone
When / Time / Day / Month / Year

This Complaint was made to me, the Registrar of the Magistrates' Court at:

Registrar's signature

Form 1

Registrar of the Magistrates' Court Date / /

______

Form 2

Sections 9, 10
Complaint and Warrant
for an Intervention Order / Court Ref.
Who makes the Complaint?
(Complainant)
Address
Postcode: / Phone:
The complainant /  is a member of the Police Force
 is the aggrieved family member
 is a parent of the aggrieved family member who is a child
 has the written consent of the aggrieved family member, (if over 17)
or, if the aggrieved family member is a child under 17, with the
written consent of the parent of the child
 is a guardian appointed under the Guardianship and
Administration Act 1986
 is a person who seeks to make the complaint with the leave of the
Court

If the complainant is either—

(a)a child aged 14 or older (but less than 17); or

(b)a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or

(c)a person other than the guardian appointed under the Guardianship andAdministration Act 1986 if an appointment has been made—

the leave of the Court to make the complaint is required.

Do you require the leave of the Court?  Yes  No

Who is the complaint against /  Male  Female
Address
Postcode: / Date of Birth / /

The Complaint

State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date place and where it happened.
Who needs the Order?
(Aggrieved Family Member) /  Male  Female
Relationship to the defendant / Date of Birth / /
Do you need an interpreter? /  No  Yes—What language

(If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member)

Have you applied for, or received a Court Order under the—

Family Law Act of the Commonwealth? /  No /  Yes—write details below
Crimes (Family Violence) Act 1987? /  No /  Yes—write details below

Please give the date the Order or Application was made, the type of Order or Application and the name of the Court.

Form 2

What sort of Intervention Order do you want?

State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening?
Number each one.
Complainant's signature / Date / /
Warrant to Arrest
To all Members of the Victoria Police Force—
This Complaint was sworn before me, the *Magistrate/*Registrar of the Magistrates'
Court at
I therefore authorise you to enter and search by day or by night—
* any dwelling house, * tenement, * ship or other place whatsoever, where the defendant is suspected to be and you are authorised to use all necessary force for the purpose and if necessary break any outer door or window.
You are further authorised to arrest the defendant and immediately take * him * her before a *Bail Justice or * the Magistrates' Court at
to answer the complaint.

Issued at the Magistrates' Court at

On//

Issued by

*Magistrates'/*Registrar's signature

Form 2

*Magistrate/*Registrar

*Delete if inapplicable

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Form 3

Sections 7, 16

Consent / Court Ref.
Name
Address
[ ] an aggrieved family member
[ ] the parent of a child who is an
aggrieved family member / Name
authorise / Name
Address

the person making the complaint

to—

[ ] make a complaint for an Intervention Order
[ ] apply to revoke, vary or extend an
Intervention Order made against
the defendant on / / / / by the / Magistrates' Court
Who is the complaint against?
(defendant)
Signature of person giving consent / Date
/ /
Signature of witness / Date
/ /

______

Form 4

Section 16
Application to revoke, vary or extend an Intervention Order / Court Ref.
The Magistrates' Court at / on / / /
*heard a Complaint and made an Intervention Order
*registered an order made at / on / / /
The original Complaint
Who made the complaint?
(Complainant)
Address
Who needed the Order?
(Aggrieved Family Member)
(If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member)
Who was the complaint against?
(Defendant)
This application is to be served on:
Respondent Name:
Respondent Address:
(If the application is for more than one respondent set out the name and particulars of each such respondent)
The Court ordered the defendant to
This Order will last until / /

Who is making the application?

(Applicant)

My full name is
Address

The application

Form 4

I am applying to the Court to have the order:
 revoked
 extended for / days / weeks / months
 varied in the following way:
My reasons for wanting the order changed are:
Signature of applicant / Date
/ /
Where will the application be heard? / Magistrates' Court
Address / Phone
When / Time / Day / Month / Year
WARNING: If you do not come to Court the case may be heard without you.
Signature / Registrar of the Magistrates' Court. / Date
/ /

*Delete if inapplicable

______

Form 5

Section 4

Intervention Order / Court Ref.
Defendant's name / M / F / Date of Birth
Address / / /
Postcode / PRN
On / / / / at the Magistrates' Court at

a Court Order was made against you. You [ ] were [ ] were not at Court.

WARNING: If you do not obey this Order you may be arrested and charged with a criminal offence.

Complainant
Aggrieved Family Member

(If the Order is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member)

The court ordered that
This Order will last until / /

[ ] This is an Interim Intervention Order

This Order [ ] revokes [ ] extends [ ] varies the Order made by the

Court / on / / /
To the Victoria Police Force
[ ] The defendant was not served with a copy of the Complaint and Summons
[ ] The defendant was served with a copy of the Complaint and Summons
[ ] The defendant agreed to this Order being made.

Magistrate

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Form 6 insertedby S.R.No. 83/2006 rule 6.

Form 6

Rule 11(1)

Application to Extend the Period of Direction or Detention of a Directed Person

(Section 8AH of the Crimes (Family Violence) Act 1987)

Court Ref:

Name of applicant: [name and number of member of the police force]:

Name of directed person/*directed person who has been detained:

Date of birth:

Sex:

Location of directed person/*directed person who has been detained:

Name(s) of aggrieved family member(s):

I [name and number of member of the police force] being a member of the police force am currently stationed at the [name of police station].

I consider that it is necessary that the direction/*detention of [name of directed person] under Division 2 of Part 2 of the Act should exceed 6 hours and I apply to the Court for an order extending the maximum period of the direction/*detention.

*The direction was given by—

*me

*[name and number of police officer if the applicant did not give the direction]

to the directed personat [time] on [date] at [place].

*The directed person refused/*failed to comply with the direction and was apprehended and detained at [time] on [date] at [location].

*I havemade/*intend to make a complaint for an intervention order

*I believe that the member who gave the direction has made/*intends to make a complaint for an intervention order

I am making this application at a.m./*p.m. on [date] which is within 6hours after the direction was given to the directed person. At the time of making this application, the directed person has been subject to the direction/*detention for [number] hours and [number] minutes.

I applyfor an order to extend the period of the direction/*detention until
a.m./*p.m. on [date] (resulting in a total of not more than 10 hours after the direction was given to the directed person)

The grounds for my application are—

[set out grounds]

Dated:

Form 6

Signature of applicant:

*Delete if inapplicable

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Form 7 insertedby S.R.No. 83/2006 rule 6.

Form 7

Rule 11(2)

Order for Extension of Period of Direction or Detention of a Directed Person

(Section 8AH of the Crimes (Family Violence) Act 1987)

Court Ref:

Name of applicant: [a member of the police force]

Name of directed person/*directed person who has been detained:

Date of birth:

Sex:

Name(s) of aggrieved family member(s):

ON the application ofa member of the police force to the Magistrates' Court at [venue], I order that the period of direction/*detention be extended until
a.m./*p.m. on [date] (being a total period of direction or detention not exceeding 10 hours after the direction was given to the directed person).

The terms (if any) of this Order are:

[set out any relevant terms]

The further hearing of the complaint for an intervention order will be heard at the Magistrates' Court at [venue of the Court].

Magistrate:

This Order is made at a.m./*p.m. on [date].

Dated:26 July 2000

MICHAEL ANTHONY ADAMS QC,
Chief Magistrate

JELENA POPOVIC,
Deputy Chief Magistrate

DANIEL J. MULING,
Deputy Chief Magistrate

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ENDNOTES

Endnotes

1.General Information

The Magistrates' Court (Family Violence) Rules 2000, S.R.No.73/2000 were made on 26 July 2000 by the Chief Magistrate, together with 2 Deputy Chief Magistrates jointly, under section 16 of the Magistrates' Court Act 1989, No.51/1989 and came into operation on 26 July 2000: rule3.

The Magistrates' Court (Family Violence) Rules 2000 will sunset 10 years after the day of making on 26 July 2010 (see section 5 of the Subordinate Legislation Act 1994).

2.Table of Amendments

Endnotes

This Version incorporates amendments made to the Magistrates' Court (Family Violence) Rules 2000 by statutory rules, subordinate instruments and Acts.

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Magistrates' Court (Family Violence) (Amendment) Rules 2006, S.R.No.83/2006

Date of Making: / 29.6.06
Date of Commencement: / 1.7.06: rule 3

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3.Explanatory Details

Endnotes

[1] Rule 4: S.R. No. 203/1990 as amended by S.R. No. 92/1998.