Family Violence Protection in Victoria
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Family Law Act 1975 defines family violence broadly. It includes behaviour that coerces or controls a family member or causes them to be fearful (s 4AB). This covers physical assault, sexual abuse, stalking, repeated derogatory taunts, withholding money, preventing contact with family or friends, damaging property, and threatening to harm a pet.
Family violence is a key factor in parenting cases. The court must consider any family violence when deciding the best interests of the child (s 60CC(2)(b)). The presumption of equal shared parental responsibility does not apply if there are reasonable grounds to believe a parent has engaged in family violence or child abuse (s 61DA(2)).
Courts and professionals involved in family law matters have a duty to report child abuse and family violence to state and territory child protection agencies (s 67ZA). The Act also allows the court to make injunctions for personal protection, including orders restraining a person from approaching or contacting another (s 68B).
State and territory family violence intervention orders (AVOs, DVOs) operate alongside federal family law. If there is a conflict, the family law order generally prevails.
When does it apply?
These protections apply when:
- A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.
- Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.
- A party needs urgent protection — the court can make injunctions or interim orders quickly.
- State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What to Do If You Are Experiencing Family Violence in Australia
- If you are in immediate danger, call 000 (police/ambulance/fire).
- Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.
- Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.
- Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.
- Document incidents with dates, details, photos, and medical records where possible.
- Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What should you NOT do?
- Don't stay silent about violence — courts need to know about it to protect you and your children.
- Don't make false allegations — this is taken very seriously and can result in adverse findings against you.
- Don't breach an intervention order or injunction — breaching a court order is a criminal offence.
- Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
How Victoria differs from federal law
Victoria has Australia's most comprehensive family violence protection framework, shaped by the landmark Royal Commission into Family Violence (2015-2016). The Family Violence Protection Act 2008 (Vic) is the primary legislation.
- Family Violence Intervention Orders (FVIOs) are the Victorian equivalent of domestic violence orders. They can be applied for by the affected person, by Victoria Police on the person's behalf, or by certain other parties (e.g., child protection workers).
- Victoria has a broad definition of family violence that includes physical, sexual, emotional, psychological, and economic abuse, as well as coercive and controlling behaviour. The 2008 Act was amended to explicitly include reproductive coercion and technology-facilitated abuse.
- The Magistrates' Court of Victoria has specialist Family Violence Courts in Heidelberg, Ballarat, Moorabbin, Frankston, and Shepparton, with trained magistrates, respondent practitioners, and integrated support services.
- Victoria's Multi-Agency Risk Assessment and Management (MARAM) Framework is a statewide framework requiring prescribed organisations to identify, assess, and manage family violence risk. This was a key recommendation of the Royal Commission.
- Breaching an FVIO is a criminal offence carrying up to 2 years' imprisonment (or 5 years for persistent contravention) under the Family Violence Protection Act 2008.
- Safe Steps (1800 015 188) is Victoria's statewide 24/7 family violence response service, providing crisis support, refuge referrals, and case management.
Additional Steps in Victoria
In an emergency, call 000. For non-urgent support, call Safe Steps (1800 015 188, 24/7). Apply for an FVIO at the Magistrates' Court or ask Victoria Police to apply on your behalf. Free legal assistance from Women's Legal Service Victoria (womenslegal.org.au) and Victoria Legal Aid. Men experiencing family violence can contact the Men's Referral Service (1300 766 491).
Relevant Law: Family Violence Protection Act 2008 (Vic); Family Violence Protection Amendment Act 2017 (Vic); Family Violence Reform Implementation Monitor Act 2016 (Vic); Multi-Agency Risk Assessment and Management Framework (MARAM)
Common Questions
When does family violence protection apply?
These protections apply when:A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.A party needs urgent protection — the court can make injunctions or interim orders quickly.State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What should I do if I am experiencing family violence in Australia?
If you are in immediate danger, call 000 (police/ambulance/fire).Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.Document incidents with dates, details, photos, and medical records where possible.Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What mistakes should I avoid with family violence protection?
Don't stay silent about violence — courts need to know about it to protect you and your children.Don't make false allegations — this is taken very seriously and can result in adverse findings against you.Don't breach an intervention order or injunction — breaching a court order is a criminal offence.Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
Family Violence Protection in other states
Same topic, different jurisdiction. Pick the one that applies to you.