In recent years, there has been a growing recognition of the complex and sensitive issues surrounding family violence. As the community strives towards greater gender equality and safety, one critical aspect of this effort involves providing effective support for individuals who perpetrate violence, particularly men, so that they are less of a risk of reoffending. Family violence intervention orders (FVIVOs) are legal measures aimed at protecting victims (link to intervention order article), and men’s violence counselling plays a crucial role in helping men learn from their offending and consequently improve their prospects for rehabilitation.
As such, in Family Violence proceedings within the Magistrates’ Court, it is very common for respondents to be ordered to complete counselling, which are known as ‘mens behaviour change programs’.
The Aim of Men’s Behaviour Change Programs
The purpose of Men’s violence counselling is to initiate a change process and provide a forum for exploring and challenging beliefs, which is designed to address the behaviors and attitudes that contribute to family violence. It provides a structured and supportive environment where men can explore and understand the root causes of their violent behaviors. This process is not just about fulfilling legal obligations but also about fostering personal accountability, promoting change, and preventing future violence.
What is Involved in Men’s Behaviour Change Programs?
Court approved counselling involves an order made by a Magistrate that directs a respondent to a FVIVO to go to specialised counselling with an approved provider. The current program, known as the ‘Mens Behaviour Change Program’, provides group based counselling for men who have used violence against their family. The program includes 20 group-counselling sessions that the respondent completes over several months. The program also offers support and safety planning for the family members affected by the respondent’s violence.
Who is Eligible for Men’s Behaviour Change Programs
A respondent may be eligible for the program if their matter has been heard at a Specialist Family Violence Court, and they are:
- The respondent to a final family violence intervention order;
- Identify as male;
- 18 years or older; and
- The current or former intimate partner of a female affected family member named on a final family violence intervention order.
How is a Counselling Order Made?
After a final Family Violence Intervention Order (FVIO) is issued by a magistrate, they may decide to issue a counselling order.
Initially, the magistrate assesses if the respondent is suitable for counselling, known as an eligibility assessment. The magistrate directs the respondent to attend an eligibility assessment interview with a Family Violence Respondent Practitioner. The court issues a Notice to Respondent to Attend Eligibility Assessment, specifying:
- the time and location of the interview, and
- when the respondent must return to court for the magistrate’s decision.
Attendance at this interview is mandatory; failure to attend may lead to charges by the police. The eligibility assessment interview can occur online or in-person and typically happens on the same day the magistrate issues the order. During the interview, the Family Violence Practitioner asks the respondent personal questions to determine their suitability for counselling.
Following the interview, the practitioner provides a report to the magistrate detailing whether the respondent qualifies for counselling. The court also provides the respondent with a copy of this report.
After the assessment interview, the respondent will return to the courtroom for the Magistrates’ Decision. If they are eligible, the Magistrate will issue the order and serve on the respondent (and their lawyer) a Notice to the Respondent to Attend Counselling. The notice will include:
- The reasons for the order; and
- What the respondent must do.
Following the Conselling Order
The respondent is required to comply with the instructions outlined in the Notice to Respondent to Attend Counselling. This entails:
- Attending all counselling sessions as specified in the notice,
- Following the schedule set by the counselling provider.
Failure to attend counselling may result in the police pressing criminal charges against the respondent.
Can I Challenge the Conselling Order?
The respondent can request that the court vary or revoke the order if their personal situation has changed, and those changes mean they cannot complete the counselling. However, this will only occur in very limited circumstances. What usually happens is that the Magistrate directs the respondent to liaise with their counselling provider to amend the schedule so that they can complete the order.
The Broader Impact of Mandatory Men’s Behaviour Change Programs
Effective men’s violence counselling not only supports individual behavior change but also contributes to broader societal goals of reducing family violence and promoting healthier relationships. By addressing the root causes of violence and promoting accountability, these interventions can break the cycle of abuse and support the wellbeing of families.
Men’s violence counselling for family violence intervention orders plays a crucial role in addressing and preventing domestic violence. By providing structured support, fostering behavioral change, and promoting accountability, these interventions aim to create safer environments for victims and encourage positive personal growth for perpetrators. As we continue to evolve in our understanding and response to family violence, investing in effective counselling and support services remains fundamental to achieving lasting change in our communities.
If you’ve been served a counselling order or face allegations of family violence or domestic assault, act quickly to protect your rights. Galbally Parker Lawyers specialises in criminal defence and offers expert legal advise and representation tailored to your situation. Contact us today for a confidential consultation.
