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Protection from family violence – new law
Date : 08 Dec 2008
There is a new law that deals with family violence. Intervention orders are now called family violence intervention orders.The definitions that explain what family violence is and who might be included as a family member have been broadened. The law now recognises that family violence may include economic abuse or psychological abuse. This means that Victorians are be better protected against family violence.
A preamble and purpose have been added to the law. This gives a clear message that the government takes family violence very seriously. It reminds the courts that violence is unacceptable; that children who are exposed to family violence need protection; and that people who commit acts of violence are responsible for their actions.
Police have more powers to help
Police have more power to act under this new law. If they are called to a violent incident and the court is closed they can:
- order the violent person to stay away from the house until the matter can be heard in court
- issue a family violence safety notice with conditions similar to an intervention order.
They have more power to search and to apply for an order even if the person who needs protection does not want the intervention order to be made.
Protection for children
Magistrates must ask whether any children need to be protected and if there are any orders from the family court. They have the power to stop the violent person from having any contact with a child if ithey think that this is needed to protect the safety of the child or the protected person.
Sole occupancy orders
Magistrates must also think about whether they need to make an order that says that the violent person should leave the family home and live somewhere else. The most important consideration for the magistrate is their duty to protect the safety of the affected family member and any children who are involved.
Orders may be made about other people
Magistrates can also make associated orders. These orders can:
- protect a friend or relative of the affected family member (such as a new partner)
- stop a person who is being influenced by the respondent to threaten or harass the protected person.
If there are other orders under the Family Law Act
Magistrates must ask if there are parenting orders in place. If there are orders and they conflict with a family violence intervention order, then the magistrate has to vary, discharge or suspend the family law orders.
If the magistrate considers that there is a risk to children or the protected person, there are conditions that they must include in the family violence intervention order about parenting arrangements and handover arrangements. Get legal advice.
Cross-examining an affected family member
The law says the respondent is not allowed to cross-examine the affected family member. This can only be done by a lawyer.
More information
Related publications
You and family law: a short guide
How to run your family law case
Sexual assault: the law, your rights as a victim
Related pages
Related legislation
Family Violence Protection 2008 Act (Vic) (new window)
Related websites
The Victorian Government's Family Violence – Enough website (new window) has information about the new laws, including information in several community languages.
The Victorian Law Reform Commission website (new window) website has detailed infromation about the background investigation behind the family violence reforms.
The Magistrates' Court of Victoria has a summary of Family Violence Intervention Orders (new window).