What Is Family Violence?

Family violence can take many forms, extending beyond physical harm to include behaviours that instil fear, control, or intimidation in a family or domestic context. Under Victorian law, family violence is defined as violent, threatening, or abusive behaviour by a person that coerces or controls a family member or causes them to feel afraid.

Examples of Family Violence:

• Physical violence: Includes hitting, pushing, or other forms of physical harm.

• Emotional or psychological abuse: Manipulative behaviours, threats, or actions designed to undermine self-esteem or mental well-being.

• Financial abuse: Controlling access to money, withholding financial support, or preventing someone from working.

• Coercive control: A pattern of controlling behaviours, such as isolating someone from family and friends, monitoring their movements, or dictating their actions.

• Sexual abuse: Non-consensual acts or behaviours of a sexual nature.

• Social isolation: Preventing someone from maintaining relationships or accessing support.

It is important to understand that family violence can happen to anyone—regardless of age, gender, cultural background, or socio-economic status. It can affect spouses, de facto partners, children, and extended family members, as well as carers in dependent relationships.

Legal Protections Against Family Violence

In Victoria, the law offers protections for those affected by family violence. These legal measures are designed to safeguard individuals from harm, prevent further violence, and ensure their safety in a range of situations. A key component of these protections is the Family Violence Intervention Order (FVIO).

What Are Family Violence Intervention Orders?

A Family Violence Intervention Order is a court-issued order designed to protect individuals from violent, threatening, or abusive behaviours by someone they share a family or domestic relationship with. These orders can set strict conditions on the behaviour and actions of the respondent (the person the order is made against), such as:

• Preventing contact with the affected family member(s).

• Prohibiting the respondent from visiting certain locations, such as the family home, workplace, or school.

• Restricting communication through phone, email, or social media.

Breaching an intervention order is a serious offence and can result in criminal charges.

How to Apply for an Intervention Order

The process of applying for an FVIO typically involves:

1. Filing an application: This can be done at a Magistrates’ Court or with the assistance of the police.

2. Interim orders: Temporary protection may be granted until the court hearing.

3. Court hearing: Both parties present evidence, and the court decides whether a final order is necessary.

Allison Rowe Family Lawyers can assist you in navigating this process with sensitivity and professionalism, ensuring your application is thorough and legally sound.

How the Law Protects Victims in Victoria

Victorian laws under the Family Violence Protection Act 2008 prioritise the safety and well-being of victims. These laws empower courts to issue orders that address immediate safety concerns while considering the longer-term implications for all involved, including children.

At Allison Rowe Family Lawyers, we are committed to helping you understand your legal rights and options. Whether you are seeking protection or responding to an order, our goal is to provide the guidance and support needed to achieve the best possible outcome for your situation.