Family Violence

Everyone has the right to feel safe and free from abuse and violence in their relationships.

The family violence is defined as violent or threatening behaviour, or any other form of behaviour, that coerces or controls a family member or causes that family member to be fearful. Such behaviour may include but is not limited to:

(a) physical violence
(b) sexual assault and other sexually abusive behaviour
(c) economic abuse
(d) emotional or psychological abuse
(e) stalking
(f) kidnapping or deprivation of liberty
(g) damage to property, irrespective of whether the victim owns the property
(h) causing injury or death to an animal irrespective of whether the victims own the animal and
(i) behaviour by the person using the violence that causes a child to be exposed to the effects of behaviour referred to in (a)–(h) above

Family violence law in Australia is designed to protect individuals from physical, emotional, psychological and financial harm within family and domestic relationships. It encompasses a range of legal measures, both at the Federal and State/Territory levels to prevent and respond to family violence. Family violence is taken seriously by the legal system and various protective measures are available to safeguard victims.

Family Violence Behaviours Examples

• Assault (including sexual assault or other sexually abusive behaviour)
• Stalking
• Repeated derogatory taunts
• Intentionally damaging or destroying property
• Intentionally causing death or injury to an animal
• Unlawfully depriving the family member or any member of the family member’s family, of his or her liberty
• Unreasonably denying the family member the financial autonomy that he or she would otherwise have had
• Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support
• Preventing the family member from making or keeping connections with his or her family, friends or culture
• Read more details Forms of Family Violence, Kinds of Family Violence and Types of Family Violence.

State Laws

Each State and Territory in Australia has specific protection orders to address family violence. These orders vary slightly in name and application but share the same purpose to protect individuals from further harm by legally restricting the perpetrator’s actions. The following are the type of orders in different State and Territory:

• Intervention Orders (IOs) in Victoria
• Apprehended Domestic Violence Orders (ADVOs) in New South Wales
• Family Violence Orders (FVOs) in Tasmania
• Protection Orders in other states such as Queensland and the Australian Capital Territory (ACT)

Types of Intervention Orders

An Intervention Order (IVO) is a court order designed to protect individuals from family violence by restricting the behaviour of the perpetrator.

The following are the types of Intervention Orders:

• Family Violence Intervention Order (FVIO) is issued in cases involving family members or people in a domestic relationship.
• Personal Safety Intervention Order is used for non-family-related violence between neighbours, colleagues or any other third parties.

Victim Immediate Action

If you are a victim of family violence in Victoria, it is important to take steps to ensure your immediate safety and seek protection through available legal and support services. You need to do following immediately:

• Ensure Immediate Safety
  Your safety and the safety of your children is the top priority. If you are in immediate danger:
  • Call 000 to contact the police for immediate help
  • Contact the Safe Steps Family Violence Response Centre at 1800 015 188 for 24/7 assistance, crisis counselling and emergency accommodation

• Apply for a Family Violence Intervention Order (FVIO)
  A FVIO is a legal order designed to protect you from a family member who is being violent or threatening. The order can restrict the violent person’s actions including:
  • Prohibiting them from contacting or approaching you
  • Preventing them from coming to your home, workplace, or other specific locations.
  • Ordering them to leave the family home

You can apply for FVIO in following ways:

• • Visit your nearest Magistrates’ Court to apply for an FVIO and the court staff can assist you with the application process
  • You can call for police assistance or if the police are involved, they can help you apply for an FVIO
  • You can begin the application process online through the Magistrates’ Court of Victoria website

If the situation is urgent, the Court may issue an interim order to provide immediate protection until the full hearing is held. If you do not feel safe attending Court, you can request a virtual hearing.

Seek Legal Support

You may seek following legal support:

• Victoria Legal Aid (VLA) offers free legal advice and assistance for family violence matters including help with obtaining an FVIO. You can call VLA at 1300 792 387 or visit their website.
• Community Legal Centres are centres across Victoria that provide free legal services for victims of family violence.
• Court Support Programs provides support workers or programs to help you navigate the court process.

Family Violence Services

The following are few of the support services available:

• Safe Steps Family Violence Response Centre provides 24/7 crisis support, emergency accommodation, safety planning and counselling for those experiencing family violence. You can contact them at 1800 015 188 or visit their website.
• 1800RESPECT is a national helpline offering support, counselling and referrals for victims of family violence and sexual abuse. Please call 1800 737 732 or use their online chat service.
• Domestic Violence Victoria offers resources and referrals to family violence services across the state.

Family Violence Support Services Australia Wide

Victims of family violence (also known as domestic violence) require a broad range of support to ensure their safety, well-being, and recovery. The type of help they need depends on their specific situation, but it often includes immediate physical protection, emotional and psychological support, legal assistance, financial aid and access to safe housing.

• National

Lifeline with number is 13 11 14 is a national charity providing all Australians experiencing emotional distress with access to 24-hour crisis support and suicide prevention services.

1800RESPECT or 1800 737 732 is Australia’s national service operating 24/7 to provide confidential information, support and counselling for people experiencing or at risk of experiencing sexual assault, domestic or family violence and for their family, friends and professionals supporting them.

The support services for victim of family violence may be in the following areas:

• Immediate Safety and Protection
• Legal Assistance
• Emotional and Psychological Support
• Financial Assistance
• Safe Housing
• Children’s Support and Protection
• Community Support Services
• Relocation and Identity Protection
• Education and Employment Assistance
• Advocacy and Legal Rights Education

In each state and territory, support services and emergency contacts for those experiencing family and domestic violence are available.

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

Counselling and Emotional Well-being

Counselling and support services are available for those affected by family violence to help deal with the emotional and psychological impact.

• Counselling and Support Services are provided by many organizations which offer free counselling to help you recover from the emotional and psychological effects of family violence. This includes Safe Steps, Relationships Australia Victoria and Women’s Health Victoria.
• Support Groups can be joined where a support group for survivors of family violence can provide comfort and help you connect with others who have gone through similar experiences.
• Services such as Relationships Australia Victoria, Safe Steps and Men’s Referral Service (for male victims) offer counselling, support groups and advice to those affected.

Consider Financial Assistance

If you are escaping family violence, you may be eligible for financial support to help with housing, legal fees or other expenses like below:

• Centrelink offers emergency pay, crisis support and financial assistance for victims of family violence.
• Victims of Crime Assistance Tribunal (VOCAT) provides financial assistance to victims of violent crimes including family violence.

Help for Children

In Australia, the protection of children in situations involving family violence is a paramount concern in both family law and criminal law. The law recognizes that children can be deeply affected by family violence, whether they are direct victims or are exposed to violence between adults, particularly parents. Australian laws, policies and support services are designed to ensure that children are protected from harm and that their best interests are prioritized.

If children are involved or exposed to family violence, it’s important to protect them and seek support. You must consider the following:

• Contact Child Protection if you are worried about the safety of your children due to family violence.
• The Orange Door is a support service for families and children experiencing family violence which can provide access to support services. You can call 1800 319 353.
• Kids Helpline is a free counselling service for children and young people experiencing family violence.
• 1800RESPECT is a national helpline offering support to victims of family violence including parents and children.

Workplace and School Support

The following must be done:

• Family Violence Leave is a family violence leaves many workplaces offer that allows you to take time off to attend court, seek legal help or arrange for safe accommodation.
• Support at School can be provided for your children if impacted by family violence as the school may provide counselling services or other assistance.

Family Violence More Support Services

Whatever your situation, if you or someone you know needs help, there is a wide range of family violence support services available.

You can check Family Violence Support Services in Victoria  to contact in case of need.

Please check Support Services Australia-wide when you want specific contact details for services available Australia-wide and in each State and Territory.