What You Need to Know About the Family Violence Protection Act 2008
In Australia, the Family Violence Protection Act serves as a crucial legislative framework designed to safeguard individuals from domestic abuse. With significant changes coming into effect in 2025, understanding these protections has never been more important. This comprehensive guide explores how the law defines and addresses family violence, outlines the process for obtaining intervention orders, and details the recent amendments that strengthen protections for victims.
Disclaimer: This article is intended for general informational purposes only and does not constitute professional legal advice. For tailored advice regarding your specific situation, please contact us 02 8378 8585 for a free consultation.
Understanding Family Violence and Family Dispute Resolution
What Constitutes Family Violence Under the Family Law Act
The Family Violence Protection Act 2008 defines family violence as any behaviour that controls or dominates a family member and causes them to fear for their safety or well-being. This definition recognises that abuse extends far beyond physical harm. It encompasses emotional abuse, psychological abuse, sexual violence, and economic abuse.
The Act acknowledges that family violence can occur between people in various relationships, including:
- Married couples
- Those in de facto relationships or domestic partner arrangements
- People are related to each other by blood or marriage
- Those in an intimate personal relationship
- Carers and the person receiving care
Examples of family violence under the Act include:
- Physical actions that cause injury
- Sexual assault
- Emotional or psychological abuse, such as repeated derogatory taunts
- Economic abuse, like withholding financial support for reasonable living expenses
- Threatening or coercive behaviour
- Controlling a person’s movements, communications, or access to services
- Damaging property
- Harming or threatening to harm pets
Importantly, the Act also recognises that causing a child to witness or be exposed to family violence constitutes abuse. This includes situations where children overhear threats, witness assaults, comfort a family member after abuse, or are present when police attend a family violence incident.
The court may take these factors into account when making an interim motion order to protect a child who has been affected by family violence.
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The Family Violence Protection Act: Origins and Evolution
Twenty years ago, legal remedies for victims of family violence in Victoria were limited, and despite its prevalence, family violence largely remained hidden. Our institutions often failed to protect or properly support victims because the dynamics of family violence were not well understood.
The journey toward stronger protections began with the Crimes (Family Violence) Act 1987, which introduced intervention orders as a civil remedy for family violence. This legislation emerged following advocacy from the women’s movement in the 1970s, which led to the establishment of women’s refuges and increased pressure for reform.
Over time, independent reviews identified serious difficulties in obtaining and enforcing intervention orders. In 2002, the Victorian Government asked the Victorian Law Reform Commission to review the Act, which ran parallel to unprecedented changes in family violence policy development, service provision, and police responses.
Historical Development and Victorian Government Amendments
From 2001, resources were allocated to developing a responsive family violence system, including:
- The Victorian Government’s Women’s Safety Strategy
- The Victoria Police Code of Practice for the Investigation of Family Violence
- The Magistrates’ Court’s Family Violence Division
- A model for a multi-agency integrated response
- The Indigenous Family Violence Partnership Forum
The Family Violence Protection Act 2008 (FVPA) emerged from these developments, separating remedies for family violence from stalking and neighbourhood disputes. The Act includes a clear statement of its aims and principles, acknowledging that non-violence is a fundamental social value, that family violence is a violation of human rights, and that the justice system should treat victims’ views with respect.
Family Violence Protection Amendment (Information Sharing) Act 2017
The Family Violence Protection Amendment (Information Sharing) Act 2017 was a critical response to findings that poor information sharing between agencies endangered victims. This Act established a scheme allowing authorised entities (police, courts, family services, etc.) to share confidential information about persons of concern without consent when necessary for safety.
It created the Central Information Point for consolidated information access and prioritised safety over privacy while maintaining appropriate confidentiality protections. The framework has improved inter-agency coordination and early intervention capabilities. Regular reviews ensure the scheme continues to effectively prevent and reduce family violence.
In 2024, the Australian Government passed the Family Law Amendment Act, which will come into effect on 10 June 2025. These changes represent a significant shift in how family violence is addressed in family law proceedings, particularly regarding property division after separation. Key changes include:
- Family violence is becoming a relevant consideration in deciding how to divide property after separation
- The inclusion of economic abuse within the definition of family violence
- The specific identification of dowry abuse as an example of economic abuse
- Giving judges discretion to manage proceedings and direct evidence where there may be family violence
Family Violence Intervention Orders
How Protection Orders Work: From Mention Date to Final Order
Intervention orders are legal documents designed to stop perpetrators from committing specific behaviours against protected persons. One of the main provisions of the Family Violence Protection Act is the creation of these orders, which can be enforced by police.
An affected family member who has experienced or is at risk of family violence can apply for an intervention order. This includes:
- A person who is or has been in a family relationship with the respondent
- A person who has been a member of the same household
- A parent or guardian of a child who has experienced or witnessed family violence
Importantly, an affected person does not need to be physically injured to apply for an order. If they fear for their safety or have experienced family violence, they can seek protection through an intervention order.
The order can prohibit various behaviours, including:
- Physical, sexual, emotional, or psychological abuse
- Stalking or harassment
- Property damage
- Coming near the protected person’s home, workplace, or other locations
- Contacting the protected person through any means
In emergency situations, a family violence safety notice can be issued by police officers when the court is closed. This process requires the police to complete a safety notice form and notify the person of the conditions. This provides immediate protection until a court hearing can be arranged.
The Process:
- Application to the Magistrates’ Court, Children’s Court, or in some cases, the Supreme or County Court
- An initial hearing where an interim order may be granted (court makes interim order)
- Service of the application on the respondent (or alternative service if personal service isn’t possible)
- A final hearing where both parties can present evidence
- Court makes final order if it is satisfied that family violence has occurred and is likely to continue
Once an associated final order is made, it remains in effect until the expiry date set by the court or until it is revoked. The court division responsible for family violence matters ensures these applications are handled by magistrates with specialised training in this area.
Breaching Intervention Orders
According to Section 123 of the Family Violence Protection Act, breaching a Family Violence Intervention Order (FVIO) is a criminal offence. The maximum penalty is 240 penalty units or two years in prison.
The penalties aim to deter perpetrators from continuing to abuse their family members. If the breach injures the protected person physically or psychologically or makes them fear for their safety, the offence carries a higher maximum penalty of 600 penalty units or five years in prison under Section 123A of the Act.
Additionally, contravening an FVIO or family violence safety notice multiple times within a 28-day period is an offence under Section 125A, carrying a maximum penalty of 600 penalty units or five years imprisonment.
When a breach occurs, the protected person should report it to the police immediately. Police officers are required to take breaches seriously and can arrest the respondent without a warrant if warrant conditions are met. The arrest division of the police force handles these cases with priority. A person apprehended for breaching an order may face bail proceeding restrictions designed to protect victims.
The court takes breaches very seriously and may forward reports of systemic violations to relevant authorities. In cases involving an excluded person who has been prohibited from returning to a shared residence, police have expanded powers to enforce compliance and protect affected family members.
The Court Process
Understanding Cross-Applications
In some cases, both parties in a relationship may apply for intervention orders against each other, resulting in cross-applications. Under the Domestic and Family Violence Protection Act 2012, if there are cross-applications in the same court, they must be heard together.
The court must determine who is the person most in need of protection and must dismiss the other person’s application unless, in exceptional circumstances, there is clear evidence that each person needs protection from the other.
Section 22A of the Act provides guidance on determining who is the person most in need of protection:
- The court considers whose behaviour is more likely to be abusive, threatening, coercive, controlling, or dominating
- The court examines whether one person’s actions were for self-protection, in retaliation, or attributable to the cumulative effect of the other person’s domestic violence
In making this determination, the court must consider:
- The history of the relationship and of family violence
- The nature and severity of harm caused to each person
- The level of fear experienced by each person
- Which person has the capacity to seriously harm or control the other
- Whether either person has characteristics making them particularly vulnerable to family violence
The interim order division of the court may issue temporary protections while these matters are being determined. A court division dedicated to family violence matters ensures that these complex cases receive proper attention from suitably trained judicial officers. The court may act on its own initiative to protect vulnerable parties during proceedings.
Only in exceptional circumstances, where the court is satisfied that both parties genuinely need protection and it’s impossible to determine whose need is greater, can the court make orders protecting both parties. A notice intending to oppose an intervention order must be filed within the timeframe specified by the court.
Criminal History and Domestic Violence History
The Domestic and Family Violence Protection Act 2012 mandates that police must provide the respondent’s criminal history and domestic violence history to the court. This information helps inform decisions about whether a protection order is necessary.
These histories are defined as:
- Criminal history: A document stating each conviction of, or charge made against, the person for an offence, regardless of when it occurred
- Domestic violence history: A document stating each domestic violence order, police protection notice, interstate order, or New Zealand order made against the person
The court must consider this information when deciding if a protection order is necessary to protect the aggrieved from family violence. The court may also consider these histories when deciding whether to vary an order or make a temporary protection order if deemed relevant.
When a respondent’s history is filed with the court, the court may order that this information not be disclosed to others. If the court believes part of the history is irrelevant, it may decide the application without considering that information and may order that the aggrieved not be given access to those parts.
This process forms part of the broader family violence risk assessment and management framework used by courts and police to evaluate the level of danger posed by a respondent. Police applicants are required to provide this information with every application to ensure the court has comprehensive information when making decisions that affect safety.
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Support Services Available
Assistance for Victims and Their Families
In addition to intervention orders, the Family Violence Protection Act 2008 provides various support services for victims and their families. These services form a crucial part of the holistic response to family violence and include:
Crisis Accommodation:
- Safe and secure housing for victims and their children fleeing violence
- Short-term emergency accommodation
- Referrals to longer-term housing solutions
Counselling Services:
- Individual and group therapy for victims
- Programs addressing trauma and recovery
- Support for emotional well-being and rebuilding confidence
Financial Assistance:
- Help with relocation expenses
- Support with legal fees
- Emergency financial aid
- Assistance navigating Centrelink payments
Additional services include:
- Case management and advocacy
- Information sharing between agencies to enable early intervention
- Safety planning and risk assessment
- Referrals to specialised services
Victims can access these services through family violence support organisations, community health centres, or referrals from police, courts, or healthcare providers. The Australian Government funds many of these services, acknowledging the importance of a comprehensive support network for victims.
The risk management framework established under the Act ensures that vulnerable individuals receive appropriate protection and support. This framework guides how agencies share information and coordinate their response to protect victims.
Special Provisions for Children: Management Framework and Protections
The Family Violence Protection Act 2008 recognises the significant impact of family violence on children and provides specific protections and services. The Act acknowledges that children who witness or are exposed to family violence are also victims, even if the violence isn’t directly aimed at them.
Under the Act, exposure to family violence for children includes:
- Hearing threats of physical abuse
- Seeing or hearing an assault
- Comforting a family member who has been abused
- Cleaning up after property damage
- Being present when police attend an incident
Support services specifically designed for children affected by family violence include:
- Specialised counselling and therapy to address trauma
- Educational support programs
- Recreational programs promoting healing and recovery
- Alternative accommodation arrangements when necessary
The Children’s Court plays a crucial role in protecting children from family violence. When a child respondent is involved, special considerations apply, including:
- Age-appropriate interventions
- Involvement of Human Services departments
- Assessment reports that consider the child’s developmental needs
- Tailored support services
2025 Changes in Family Law
New Considerations in Property Division
The Family Law Amendment Act, coming into effect on 10 June 2025, introduces significant changes to how family violence is considered in property settlements after separation. These changes represent a landmark shift in the intersection between family law and family violence protection.
Prior to these amendments, family violence wasn’t explicitly recognised as a factor in property settlements unless it affected financial contributions. The new law makes family violence a relevant consideration when dividing property, acknowledging the economic impact of abuse.
Key changes include:
- Courts can consider the impact of family violence on a party’s contributions to property
- Recognition that family violence may have hindered a party’s ability to make financial contributions
- Acknowledgment that recovery from family violence may affect future needs
- Consideration of whether one party controlled financial decisions during the relationship
The inclusion of economic abuse within the definition of family violence is particularly significant. This recognises behaviours such as:
- Preventing a partner from working
- Controlling access to bank accounts and financial information
- Forcing a partner to take on debt
- Refusing to contribute to household expenses
Dowry abuse is specifically identified as an example of economic abuse, addressing a form of family violence that affects particular cultural communities. This includes demands for dowry before or during marriage and using dowry as a means of control or coercion.
These changes will impact family law proceedings and family court orders by ensuring that the courts consider the full context of relationships when dividing property rather than treating family violence as separate from financial matters.
Procedural Changes and Judicial Discretion
The 2025 amendments also introduce important procedural changes designed to make the legal process safer and more accessible for victims of family violence. These changes enhance judicial discretion in managing proceedings where family violence is present.
Key procedural changes include:
- Giving judges greater authority to direct how evidence is presented in cases involving family violence
- Enhanced protections for giving evidence, such as closed-circuit television options
- Prevention of direct cross-examination by respondents
- Expanded court powers to protect vulnerable witnesses
The amendments also address issues relating to consent orders. Before making or varying a domestic violence order by consent, the court may conduct a hearing if it’s in the interests of justice, considering the respondent’s history if relevant.
Another significant change relates to the service of documents. A new provision, Section 184A, allows the court to make a substituted service order rather than requiring personal service. This applies when:
- Reasonable attempts at personal service have been made
- Substituted service is necessary to protect the aggrieved
- The alternative method is reasonably likely to bring the document to the respondent’s attention
If a respondent is served via substituted service and the application is decided in their absence, they may apply to reopen the proceeding within 28 days of becoming aware of the order. However, this doesn’t automatically stay the order’s operation unless the court specifically decides to do so.
Getting Legal Help: Family Court and Support Services
When and How to Seek Legal Assistance
Navigating the Family Violence Protection Act and the family law system can be challenging, particularly during times of crisis. Seeking legal help early can significantly improve outcomes and ensure proper protection.
Signs that indicate you should seek legal assistance include:
- Experiencing any form of family violence
- Feeling unsafe in your home or relationship
- Being threatened or controlled by a family member
- Concerns about children’s safety
- Receiving legal documents related to family violence
- Planning to leave an abusive relationship
Family law specialists play a crucial role in helping victims understand their rights and navigate the legal system. They can:
- Explain the legal protections available under the Family Violence Protection Act
- Help apply for intervention orders or interim intervention orders
- Prepare for court appearances
- Advise on family court matters relating to children
- Guide victims through property settlements, especially in light of the 2025 changes
- Connect clients with appropriate support services
For those who cannot afford private legal representation, options include:
- Legal Aid commissions in each state and territory
- Litigation funding with JustFund
- Community legal centres specialising in family violence
- Women’s legal services
- Aboriginal and Torres Strait Islander legal services (including in the Northern Territory)
- Pro bono programs offered by private firms
Many of these services offer free initial consultations and can provide representation at the mentioned dates or hearings. They can assist with family dispute resolution processes and help you understand how the Family Law Act provisions interact with family violence protection orders. Early legal advice is particularly important for understanding how the 2025 changes might affect your situation, especially regarding property settlements in the context of family violence.
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Protecting Your Rights in Family Violence Situations
The Family Violence Protection Act provides crucial protections for victims of family violence, with the 2025 changes further strengthening safeguards in property settlements. Family violence encompasses many behaviours beyond physical abuse, and intervention orders provide tailored legal protection. Breaching an order is a serious criminal offence with significant penalties. Courts now have clearer guidance for handling cross-applications, and a court division may make final order division decisions based on the evidence presented. Police powers include issuing safety notice forms and apprehending a person directed to attend court.
Support services are available for victims, including crisis accommodation, counselling, and financial assistance through the management framework established by the legislation. Children exposed to family violence are recognised as victims with specific protections. If you’re experiencing family violence, remember you’re not alone. The court can make its own motion interim orders in urgent situations, while the protected person division ensures your safety. The family violence risk assessment process helps identify appropriate interventions, and family dispute resolution options may be available in certain circumstances.
For confidential advice, contact our experienced family law team today. We understand the complexities of family violence matters and can provide compassionate guidance. We can assist with applications to hear directed person testimony, address concerns about an excluded person, and help with interim order division applications. Our team can guide you through any appeal relating to your case, including matters involving the Family Law Act and family court orders. We pay respect to all affected by family violence and are committed to helping you navigate this challenging time.
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