The law’s treatment of family violence
TRIGGER WARNING: Please note this chapter (and pages it links to) contains information about family violence that may be triggering to family violence survivors.
Both civil and criminal legislation provide legal remedies for family violence.
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Civil law offers those experiencing family violence some future protection from the perpetrator of the violence. Court orders that protect family members can be sought under both federal and state civil law. Federal law includes injunctions or restraining orders under the FL Act. However, state civil law provides quicker, cheaper, more accessible, and more effective protection under the FVP Act by way of family violence intervention orders. As explained below, police cannot apply for federal protection orders but can apply for state orders.
People who experience personal violence but are not family members (e.g. neighbours, co-tenants or acquaintances), and who are not covered by the FVP Act, can apply for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 (Vic).
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Family members experiencing violence can also pursue remedies under criminal law. Charges for criminal offences (e.g. assault) can be laid by police to punish the offender and try to prevent future abuse.
Any criminal charges are in addition to, and not to the exclusion of, civil proceedings for future protection, such as intervention orders.
It is also possible to obtain assistance for injuries caused through family violence.
The law’s treatment of family violence
Chapter: 4.4: Family violence
Contributor: Dr Renata Alexander, Barrister
Current as of: 1 September 2024
Law Handbook Page: 255
Next Section: Family violence intervention orders
