FAMILY VIOLENCE
WHAT IS FAMILY VIOLENCE?
The Family Violence Protection Act 2008 is the main legislation that governs domestic or family violence in Victoria. The act defines family violence as behaviour from a family member that is emotionally, sexually, physically, and psychologically abusive and includes any threatening, coercive, or controlling behaviour.
WHO ARE 'FAMILY MEMBERS'?
A family member under this act can be a spouse or former spouse, domestic partner, a relative (father, grandmother, sibling, or cousin), or a person you’ve previously had an intimate relationship with.
Depending on the nature and duration of your relationship, a family member can also be someone who you regard as being like family.
The Family Violence Protection Act 2008 is the main legislation that governs domestic or family violence in Victoria. The act defines family violence as behaviour from a family member that is emotionally, sexually, physically, and psychologically abusive and includes any threatening, coercive, or controlling behaviour.
WHO ARE 'FAMILY MEMBERS'?
A family member under this act can be a spouse or former spouse, domestic partner, a relative (father, grandmother, sibling, or cousin), or a person you’ve previously had an intimate relationship with.
Depending on the nature and duration of your relationship, a family member can also be someone who you regard as being like family.
intervention orders
NOTE: If you believe that you or a child are in immediate danger, please seek assistance from Victoria Police.
Intervention Orders provide protection for those who have suffered from family violence. This process can be intimidating and stressful, as it is a particularly emotional situation.
HOW DO I APPLY FOR AN INTERVENTION ORDER?
You can make an application for a family violence intervention order at the Magistrate's Court or via the Magistrates' Court website.
The police are also able to provide short term protection by issuing a family violence safety notice, until your matter is heard in the Magistrate's Court.
WHAT HAPPENS AFTER I APPLY?
A date will be set for your hearing with a Magistrate. At your hearing, the Magistrate will make orders on an interim or final basis which can prevent the respondent (the person against whom the order is made) from approaching you, attending your home or engaging in certain conduct.
Interim orders can be made in the absence of the respondent for the short-term, until final orders are made, if the Court is satisfied that the respondent committed the family violence and is likely to continue.
WHAT HAPPENS IF THE ORDER IS BREACHED?
If an Intervention Order is breached and the police are contacted, the penalties include fines, imprisonment or both.
Intervention Orders provide protection for those who have suffered from family violence. This process can be intimidating and stressful, as it is a particularly emotional situation.
HOW DO I APPLY FOR AN INTERVENTION ORDER?
You can make an application for a family violence intervention order at the Magistrate's Court or via the Magistrates' Court website.
The police are also able to provide short term protection by issuing a family violence safety notice, until your matter is heard in the Magistrate's Court.
WHAT HAPPENS AFTER I APPLY?
A date will be set for your hearing with a Magistrate. At your hearing, the Magistrate will make orders on an interim or final basis which can prevent the respondent (the person against whom the order is made) from approaching you, attending your home or engaging in certain conduct.
Interim orders can be made in the absence of the respondent for the short-term, until final orders are made, if the Court is satisfied that the respondent committed the family violence and is likely to continue.
WHAT HAPPENS IF THE ORDER IS BREACHED?
If an Intervention Order is breached and the police are contacted, the penalties include fines, imprisonment or both.