Domestic violence is a serious issue that can affect individuals, children and families across Victoria. Victorian law provides protections for people experiencing family violence, including Family Violence Intervention Orders (FVIOs) and police-issued Family Violence Safety Notices.
This guide explains domestic violence laws in Victoria, the legal protections available, how to seek an intervention order, what can happen if an order is breached, and where to find support
Key Takeaways
- Family violence can include physical, sexual, emotional, psychological and economic abuse, as well as threatening, coercive or controlling behaviour.
- A Family Violence Intervention Order (FVIO) is a court order designed to protect a person, their children and, in some circumstances, their property from family violence.
- Police can issue a Family Violence Safety Notice when immediate protection is required.
- You can apply for an FVIO through the Magistrates’ Court of Victoria, including through its online application process.
- Breaching the conditions of a family violence safety notice or intervention order is a criminal offence.
- If you are in immediate danger, call 000.
What Is Family Violence Under Victorian Law?
In Victoria, family violence is broader than physical violence. The Family Violence Protection Act 2008 provides the legislative framework for protecting people from family violence.
Family violence can include physical or sexual abuse, emotional or psychological abuse, economic abuse, threatening behaviour and other conduct that causes a family member to feel unsafe. The law recognises that family violence can occur in different types of family and intimate relationships.
This means that conduct does not necessarily have to involve physical violence before legal protection may be available. The circumstances of each case need to be considered carefully.
What Protections Are Available Under Victorian Family Violence Laws?
There are several forms of protection and assistance available to people experiencing family violence. Two important legal protections are Family Violence Intervention Orders and Family Violence Safety Notices.
Family Violence Intervention Orders
A Family Violence Intervention Order (FVIO) is a court order designed to protect a person, their children and their property from family violence.
An FVIO can include conditions that restrict what the respondent can do. Depending on the circumstances and the conditions imposed, an order may require the respondent to:
- stop certain behaviour;
- not contact or communicate with the protected person;
- not ask another person to contact or communicate with the protected person on their behalf;
- not approach or remain near the protected person; or
- comply with other conditions imposed by the court.
The specific conditions will depend on the circumstances of the matter and the protection considered necessary by the court.
Family Violence Safety Notices
A Family Violence Safety Notice (FVSN) is a short-term protective measure that can be issued by police when immediate protection from family violence is required.
A Safety Notice operates as a short-term intervention order and remains in place until a magistrate decides whether to make a Family Violence Intervention Order. Police can issue a Safety Notice even if the affected family member does not want one.
The conditions of a Safety Notice must be followed. Breaching a condition of a Safety Notice is a criminal offence.
How to Apply for a Family Violence Intervention Order in Victoria
If you are experiencing family violence and need legal protection, you may be able to apply for a Family Violence Intervention Order. Police may also make an application on your behalf.
The Magistrates’ Court of Victoria currently allows eligible applicants to apply for an FVIO online. Applications can also be made using the relevant application form and through the appropriate court process.
1. Seek immediate protection if you are in danger
If you or someone else is in immediate danger, call 000. Police can respond to an emergency and may issue a Family Violence Safety Notice where immediate protection is required.
2. Make an FVIO application
If police have not made an application on your behalf, you may be able to apply for an FVIO through the Magistrates’ Court of Victoria. You will generally need to provide information about the respondent, what has happened, why you believe family violence may happen again, and the conditions you are seeking.
The Magistrates’ Court of Victoria provides current information about applying for an FVIO, including the online application process.
3. Attend court if required
A magistrate may consider the evidence and decide whether an intervention order should be made. Depending on the circumstances, an interim order may be made to provide temporary protection while the matter continues.
If a final intervention order is made, the magistrate will determine the conditions and duration considered necessary to protect the affected family members.
What Happens If an FVIO Is Breached?
An intervention order contains conditions that the respondent must follow. A breach of a condition can be a criminal offence.
If you believe an intervention order has been breached, you should report the alleged breach to police as soon as possible. If you are in immediate danger, call 000.
It is important to keep records of relevant incidents and preserve any available evidence where it is safe to do so. Legal advice may also help you understand your options following an alleged breach.
Legal Advice and Support for Domestic Violence in Victoria
If you are experiencing domestic violence in South Morang, Warrnambool or elsewhere in Victoria, you do not have to navigate the legal process alone.
Police, courts, lawyers and specialist support services can provide different forms of assistance. The appropriate option will depend on your circumstances and the level of risk involved.
Irvine Lawyers in South Morang provides legal support to people seeking assistance with family violence matters. Our lawyers can help explain the relevant legal process, provide advice about FVIOs and represent clients where appropriate.
To discuss your circumstances with Irvine Lawyers, contact the firm or book an appointment with Laurie Irvine.
Family Violence Support Services in Victoria
- Safe Steps Family Violence Response Centre: Provides statewide 24/7 crisis response, information, referral, safety planning and access to supported crisis accommodation.
- Safe and Equal: Provides a directory of Victorian family violence services and information about support options.
- Victoria Legal Aid: Provides information about family violence, intervention orders and available legal assistance.
If you are in immediate danger, call 000.
Financial Assistance and Compensation
Depending on the circumstances, a person affected by family violence may have access to financial assistance or other compensation options. These are separate from the process of obtaining an FVIO and eligibility requirements can apply.
Victoria’s Victims of Crime Financial Assistance Scheme provides financial assistance to eligible victims of violent crime, including some people affected by family violence.
There may also be other legal avenues depending on the nature of the harm suffered and the circumstances of the matter. If you are considering making a compensation claim, it is important to obtain legal advice about the options and applicable requirements.
Frequently Asked Questions About Domestic Violence Laws in Victoria
What is considered domestic violence in Victoria?
Victorian law uses the term family violence. It can include physical, sexual, emotional, psychological and economic abuse, as well as threatening or other behaviour that causes a family member to feel unsafe. Family violence is not limited to physical assault.
What is a Family Violence Intervention Order?
A Family Violence Intervention Order is a court order designed to protect a person, their children and their property from family violence. It can impose conditions restricting the respondent’s behaviour, including contact or approaching the protected person.
Can I apply for an FVIO online in Victoria?
Yes. The Magistrates’ Court of Victoria provides an online application process for Family Violence Intervention Orders. If it is not safe or practical to apply online, the court provides other options for making an application.
Can police issue an intervention order?
Police can apply for a Family Violence Intervention Order and can issue a Family Violence Safety Notice when immediate protection is required. A Safety Notice provides short-term protection while the court considers whether an FVIO should be made.
What happens if someone breaches an FVIO?
Breaching a condition of a Family Violence Intervention Order is a criminal offence. If you believe an order has been breached, you should report the matter to police. Call 000 if you are in immediate danger.
Where can I get help with domestic violence in Victoria?
You can contact police, the Magistrates’ Court of Victoria, Victoria Legal Aid, specialist family violence services or a private lawyer. If you are in immediate danger, call 000. Safe Steps also provides 24/7 family violence crisis support in Victoria.
Get Legal Help With Family Violence in Victoria
Understanding domestic violence laws in Victoria can help you make informed decisions about your safety and legal options. Family Violence Intervention Orders and Family Violence Safety Notices can provide important protections, but the appropriate steps will depend on your circumstances.
If you need legal advice about family violence, an FVIO or related legal proceedings, contact Irvine Lawyers to arrange an appointment with Laurie Irvine.
For people seeking legal support in South Morang or Warrnambool, Irvine Lawyers can provide advice about your legal options and the next steps that may be available.
If you are in immediate danger, call 000.