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Family Violence

New legislation informed by the recommendations of the Victorian Law Reform Commission and community consultation has further strengthened our response to family violence.

The Family Violence Protection Act 2008, in effect from 8 December 2008, replaces the system of family violence intervention orders provided for in the Crimes (Family Violence) Act 1987. It includes a range of new initiatives to better protect those subject to family violence, usually women and children, and make perpetrators accountable for their actions.

These initiatives include:

• the two year pilot of a new system of police-issued family violence safety notices, which will provide police with another tool to respond quickly and effectively to family violence
• supporting policies aimed at making it easier for victims of family violence to remain in the family home if they wish, while perpetrators of violence may be required to leave
• a more comprehensive definition of family violence, which better recognises economic and emotional abuse as well as other types of threatening and controlling behaviour
• the restriction of respondents to family violence intervention orders who are self-represented, from personally cross-examining their alleged victims in court
• a broader definition of “family member” to cover a wider range of family and family-like relationships
• measures to make it easier for all relevant and reliable evidence to be before a court when it is making decisions.

Government consultation

The Department of Justice consulted with community groups on the content of the proposed legislation.

The government also sought advice from the Sentencing Advisory Council about appropriate maximum penalties for breaches of a family violence intervention order, stalking intervention order and breaches of the new family violence safety notices. The Sentencing Advisory Council's report can be found at the Sentencing Advisory Council website.

Other reforms

These initiatives build on a series of reforms which the government has already introduced in this area, including:

• abolishing provocation as a defence to homicide, which was often used by men who killed their partners in anger or jealousy
• giving police extra powers to hold alleged perpetrators of family violence whilst they apply for an urgent family violence intervention order
• establishing family violence courts in Ballarat and Heidelberg
• funding Victoria's first court-based specialist family violence services, which include police, prosecutors, magistrates, family violence registrars and support workers, based at Melbourne, Sunshine, Werribee and the Frankston Magistrates' Courts.