Victoria’s Family Violence Protection Act 2008 (FVPA) is the state’s cornerstone legislation for preventing family and domestic violence and protecting those affected by it. The Act legally recognises family violence as a serious crime, provides victims with enforceable legal remedies including intervention orders, and sets out a range of support services for victims and their families.
What Is the Family Violence Protection Act 2008?
The Family Violence Protection Act 2008 was introduced to address the inadequacies of Victoria’s earlier legislation, the Crimes (Family Violence) Act 1987. That Act introduced the intervention order as a civil remedy for family violence but was widely criticised for inconsistent enforcement and inadequate coverage of non-physical abuse. Many victims found that orders were, in practice, “not worth the paper they were written on.”
The legislation was directly influenced by the women’s movement of the 1970s and 1980s, which advocated for family violence to be recognised as a crime rather than a private matter. In 2002, the Victorian Government tasked the Victorian Law Reform Commission with reviewing the 1987 Act, and its findings led directly to the development of the FVPA.
The result was a landmark piece of legislation. For the first time in Victoria, the Act provided a clear statutory definition of “family violence” with worked examples to ensure consistent interpretation. It also includes a clear statement of its aims and principles, affirming that family violence is a fundamental violation of human rights.
How the Family Violence Protection Act 2008 Defines Family Violence
Section 5 of the FVPA defines family violence as behaviour by a person towards a family member that is:
- physically or sexually abusive
- emotionally or psychologically abusive
- economically abusive
- threatening, coercive, controlling, or dominating
- behaviour that makes a family member fear for their safety or well-being
Crucially, the Act recognises that family violence may involve overt or subtle exploitation of power imbalances, and that it can consist of isolated incidents or patterns of abuse over time.
The definition includes intentionally damaging property and causing injury to an animal where this is used to control or coerce a family member. Exposing a child to family violence — such as witnessing threats, hearing an assault, or cleaning up after property has been damaged — is also expressly included as a form of family violence in its own right.
Emotional or psychological abuse under the Act includes behaviour that torments, intimidates, or harasses another family member. Specific examples include repeated derogatory taunts (including racial taunts), threatening to withhold medication, and preventing connections with family or culture.
Economic abuse is defined as behaviour that unreasonably controls another family member’s financial autonomy, such as withholding necessary financial support when the person is financially dependent on the other.
Who Is Protected Under the Family Violence Protection Act?
The FVPA defines “family member” broadly to cover a wide range of relationships, regardless of gender or sexual orientation. Protection is available to:
- married couples and de facto partners
- people who are or have been in a dating relationship
- family members related by blood or marriage
- members of the same household
- carers and their clients
- children who witness or are exposed to family violence
A person does not need to have been physically injured to seek protection. If they fear for their safety or have experienced any recognised form of family violence under the Act, they are entitled to apply for legal protection.
What’s New: 2025 and 2026 Changes to the Family Violence Protection Act
Several significant legislative updates have strengthened the FVPA. Here is what you need to know.
Family Violence Protection Amendment Act 2025
The Family Violence Protection Amendment Act 2025 received Royal Assent on 18 March 2025, introducing targeted amendments to strengthen protections for victims.
Family Law Amendment Act 2024 (Federal — effective 10 June 2025)
At the federal level, the Family Law Amendment Act 2024 came into effect on 10 June 2025 and introduced changes affecting separating couples across Victoria. These include:
- Family violence is now a relevant consideration in how property is divided after separation
- The inclusion of “economic and financial abuse” within the federal definition of family violence
- The specific identification of “dowry abuse” as a named example of economic and financial abuse
- Judges now have discretion to manage proceedings and direct evidence where family violence is present
Women’s Safety Package (Royal Assent 10 February 2026)
The Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2025, known as the Women’s Safety Package, is the most significant reform to the FVPA since its introduction. Key changes include:
- The definition of family violence now expressly includes stalking and systems abuse — where a perpetrator misuses legal or administrative systems (such as filing repeated applications or using tactical delays) as a tool of continued control after separation
- Animal harm is expressly captured where animals are threatened or harmed to perpetuate family violence
- Courts can now make FVIOs in cross-border situations, closing a gap that previously left some victims unprotected
- Children listed as affected family members on a parent’s order remain protected after they turn 18 for the full duration of that order
- A default term of two years now applies to final FVIOs against adult respondents, reducing the burden on victims to return to court to extend orders
To understand how these changes apply to your specific situation, it is important to speak with a family law solicitor as soon as possible.
Family Violence Protection Act: Intervention Orders
One of the central protections offered by the FVPA is the intervention order. A family violence intervention order (FVIO) is a court order that stops a person from engaging in specific behaviours towards a protected person. The Act provides for tailored conditions to suit the victim’s individual circumstances, and includes a presumption in favour of excluding the perpetrator from the family home.
FVIOs can restrict a wide range of behaviours including:
- physical, emotional, or psychological abuse
- stalking or following the protected person
- contacting the protected person by any means
- approaching the protected person’s home, school, or workplace
- requiring the perpetrator to attend counselling or treatment programmes
The Act also allows for alternative methods of giving evidence in court — such as closed-circuit television — to protect victims during legal proceedings and remove the stress of direct confrontation.
There are two main types of orders. An interim intervention order is a temporary order made before the respondent is notified, providing immediate protection until the court holds a full hearing. A final intervention order is made by a magistrate after a hearing and remains in force for as long as they determine is necessary to protect the safety of the affected family members.
Who Can Apply for an Intervention Order?
Under the FVPA, the following people can apply for an intervention order:
- 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
- A parent or guardian of a child who has experienced or witnessed family violence
- Police can also apply for an intervention order on behalf of a victim at any time
Note: You do not need to have been physically injured or harmed to apply. If you fear for your safety or have experienced family violence in any of its recognised forms, you can seek legal protection now.
Family Violence Protection Act: Police Powers
The FVPA significantly increased police powers to allow officers to act swiftly in family violence situations. Police officers can issue a Family Violence Safety Notice to provide immediate, temporary protection to a victim before a court hearing takes place — including when the court is closed. This means victims do not have to wait for court hours to receive protection.
Under the Act, police have the power to hold and detain a perpetrator without requiring a court order and can obtain temporary after-hours protection for a victim in urgent circumstances. Police are empowered to enforce intervention orders and take all necessary actions to ensure the safety of victims and their families.
Family Violence Protection Act: Breaching Intervention Orders
Breaching a family violence intervention order is a criminal offence under the FVPA, not merely a civil matter. The penalties are serious:
- Under section 123, the maximum penalty is 240 penalty units or two years in prison
- Under section 123A, where the breach physically or psychologically injures the protected person or makes them fear for their safety, the maximum penalty is 600 penalty units or five years in prison
- Under section 125A, contravening an FVIO or family violence safety warning two or more times within 28 days carries a maximum penalty of 600 penalty units or five years in prison
These penalties exist to stop perpetrators from continuing to abuse family members and to ensure that intervention orders carry real legal weight.
Family Violence Protection Act: Support Services
The FVPA provides a framework for a range of practical support services for victims and their families, including:
- crisis accommodation providing safe and secure housing for victims and their children
- counselling and therapy to help victims and families cope with the emotional and psychological effects of family violence
- financial assistance from the Australian government to help with relocation expenses, legal fees, and the practical costs of leaving a violent relationship
The Act also recognises the specific impact of family violence on children and provides access to a range of children’s support services, including counselling, therapy, foster care, and alternative accommodation for children removed from unsafe homes. Since the FVPA was introduced, there has been a measurable increase in the number of people reporting family violence to police, reflecting greater awareness of legal rights and available protections.
Get Legal Advice from a Family Violence Lawyer
The Family Violence Protection Act 2008 is a significant piece of legislation and it continues to evolve. Whether you are experiencing family violence, need to apply for an intervention order, are concerned about the 2025 and 2026 changes, or have had an order made against you, speaking to a specialist family violence lawyer is the most important step you can take.
At JB Solicitors, our experienced family law team can help you understand your rights under the FVPA, guide you through the intervention order process, and advise on how recent legislative changes apply to your situation.
Contact us here for confidential, expert legal advice.
Frequently Asked Questions About the Family Violence Protection Act
What is the Family Violence Protection Act 2008?
The Family Violence Protection Act 2008 is Victoria’s primary legislation for preventing family violence and protecting those affected by it. It provides the first statutory definition of “family violence” in Victoria, creates the framework for intervention orders, significantly increases police powers, and establishes support services for victims and their families.
What counts as family violence under the Family Violence Protection Act?
Family violence includes physical, sexual, emotional, psychological, and economic abuse, as well as threatening, coercive, controlling, or dominating behaviour. The Act also covers intentionally damaging property and harming animals where used to control a family member, and expressly includes exposing a child to family violence. Following the 2026 Women’s Safety Package, stalking and systems abuse are also now part of the statutory definition.
What is an intervention order under the Family Violence Protection Act?
An intervention order is a court order that requires a person to stop specific behaviours towards a protected person. It can prohibit contact, require the perpetrator to leave the family home, restrict approaching the protected person’s workplace or school, and mandate attendance at counselling. Breaching an intervention order is a criminal offence.
What are the penalties for breaching an intervention order in Victoria?
A standard breach carries up to 240 penalty units or two years in prison. If the breach causes physical or psychological injury or makes the protected person fear for their safety, the penalty rises to up to 600 penalty units or five years in prison. Repeated breaches within 28 days carry the same maximum penalty of 600 penalty units or five years.
What changed in the Family Violence Protection Act in 2025 and 2026?
The Family Violence Protection Amendment Act 2025 received Royal Assent on 18 March 2025. The Women’s Safety Package received Royal Assent on 10 February 2026 and expanded the definition of family violence to include stalking, systems abuse, and animal harm. It also introduced cross-border FVIO powers, a default two-year term for final orders, and confirmed that children on a parent’s order remain protected after turning 18.
What is “systems abuse” under the new Family Violence Protection Act changes?
Systems abuse refers to a perpetrator misusing legal, administrative, or institutional processes — such as filing repeated baseless court applications, using delays tactically, or making false reports — to continue controlling or intimidating a victim after separation. The Women’s Safety Package 2026 expressly recognises this as a form of family violence for the first time.
Can police provide protection without a court order under the Family Violence Protection Act?
Yes. Under the FVPA, police can issue a Family Violence Safety Notice to provide immediate protection to a victim without requiring a court order. This is particularly important when the court is closed. Police can also hold and detain a perpetrator without a court order where necessary to protect a victim’s safety.
Who can apply for a family violence intervention order in Victoria?
Any person who has experienced or is at risk of family violence can apply, including spouses, de facto partners, people in dating relationships, household members, and parents or guardians of affected children. Police can also apply on behalf of a victim at any time. You do not need to have been physically injured to apply.
