The Family Violence Protection Act 2008 is an important legislation in Victoria, Australia. It aims to prevent family or domestic violence and protect those affected by it. Moreover, the Act recognises family violence as a serious crime and legally defends victims and their families.
Furthermore, it also provides a range of legal remedies to victims of family violence, including intervention orders. These are family court orders that prohibit the perpetrator from committing further acts of violence. In addition, it provides support services for victims of family violence, including counselling and advocacy services.
The Definition of Family Violence
The Family Violence Protection Act 2008 of Victoria, Australia, recognises a broad definition of family violence. According to the Act, family violence is any behaviour that controls or dominates another family member. Worse, it causes them to feel fear for their safety or well-being.
The Act recognises that family violence can take many forms, including financial, sexual, physical, mental, emotional or psychological abuse. Additionally, it acknowledges that family violence can occur between:
- married people
- those in a de facto relationship, or
- those who are related to each other.
The Main Provisions of the Family Violence Protection Act
The Family Violence Protection Act 2008 provides a range of provisions to support victims of family violence. These include:
- Intervention Orders: Victims of family violence can apply for an Intervention Order, a legal document prohibiting the perpetrator from engaging in a specific behaviour. Breach of an Intervention Order is a criminal offense.
- Police Powers: Police officers can issue a Family Violence Safety Notice. A Family Violence Safety Notice can immediately protect the adult from a family member using family violence when the court is closed.
- Information Sharing: The Act promotes information sharing between agencies to enable early intervention and support for victims of family violence.
Family Violence Protection Act: Intervention Orders
One of the key provisions of the Family Violence Protection Act 2008 is the creation of intervention orders. Specifically, these are court orders prohibiting a person from engaging in certain behaviours towards a protected person.
A victim of family violence can obtain these orders, and the police can enforce them. Intervention orders can prohibit various behaviours, including:
- physical abuse,
- emotional abuse, and
- stalking.
In addition, they can also require a perpetrator to attend counselling or other treatment programs.
Who Is Protected Under the Family Violence Protection Act (FVPA)?
The FVPA defines family violence broadly and includes physical, sexual, emotional, psychological, and economic abuse. It is important to note that family violence can occur between people who are or have been in a family or intimate relationship, regardless of gender or sexual orientation.
Further, the Act also covers children who witness family violence. Under the FVPA, a person who experiences family violence can apply for an intervention order.
Who Can Apply for an Intervention Order?
Under the FVPA, a person 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 or intimate personal relationship with the respondent, including a spouse, de facto partner, or someone in a dating relationship.
- A person who is or has been a member of the same household as the respondent, including family members or people who live together.
- A parent or guardian of a child who has experienced or witnessed family violence.
Note that a person need not be physically injured or harmed to apply for an intervention order. If they fear for their safety or have experienced family violence, they can seek protection through an intervention order.
Family Violence Protection Act: Breaching Intervention Orders
Another notable provision of the Family Violence Protection Act 2008 is the penalties for breaching intervention orders. Hence, if someone breaches an intervention order, they can be charged with a criminal offence and face significant penalties, including fines and imprisonment.
According to Section 123 of the Family Violence Protection Act, violating a family violence intervention order (FVIO) is a crime. The maximum punishment for this offence is a fine of 240 penalty units or two years in prison.
Significantly, the penalties for breaching intervention aim to deter perpetrators from continuing to engage in abusive behaviour toward their family members.
Moreover, a violation of an FVIO is illegal under Section 123A of the Act if it injures the protected party physically or psychologically or makes them fear for their safety. The maximum punishment for this offence is a fine of 600 penalty units or five years in prison.
Also, violating an FVIO or family violence safety warning is illegal under Section 125A of the Act. The violation of an order or notification twice or more in 28 days constitutes this offence. The maximum punishment is a fine of 600 penalty units or five years in prison.
Family Violence Protection Act: Support Services
In addition to a family violence intervention order or interim intervention orders, the Family Violence Protection Act 2008 provides various support services for victims and their families. These services include
- crisis accommodation
- counselling, and
- financial assistance.
Victims of family violence can access crisis accommodation, which provides safe and secure accommodation for victims and their children fleeing violence. Secondly, counselling services are also available to victims and their families to help them deal with family violence’s emotional and psychological effects.
Lastly, the Australian government also offers financial assistance to help victims with the costs of leaving a violent relationship, such as relocation expenses and legal fees.
Family Violence Protection Act: Children’s Services
The Family Violence Protection Act 2008 recognises the harmful impact of family violence on children and provides various support services for children affected by family violence. Children’s services include:
- counselling and therapy to help children deal with the trauma of family violence.
- support for children who have been removed from their homes due to family violence, including foster care and alternative accommodation.
The FVPA significantly impacts the lives of those affected by family violence in Victoria. Since the Act was introduced, there has been an increase in the number of people reporting family violence incidents to the police, which suggests that more people are now aware of their rights and the protections available to them.
Seeking Legal Assistance From a Family Violence Lawyer
The Family Violence Protection Act 2008 in Victoria, Australia, is an important law that provides legal and practical assistance to individuals and families affected by family violence. Thus, it is vital to seek legal assistance from a family violence lawyer to fully understand how the Act works and how we can use it to fight and reduce family violence and promote justice.
Family violence can have devastating consequences for victims, including physical and emotional harm, financial loss, and social isolation. Our team of lawyers at JB Solicitors can provide valuable support to victims of family violence by helping them navigate the legal system and obtain the protection they need.
Let’s discuss your case today. Contact us here.
