According to the law, family violence is wrong, and the authorities want to stop it in Victoria. When there is family violence, the court system is the first line of defence. They ensure that women and children are safe and that abusers are held responsible.
Family violence can touch anyone in the community, regardless of gender, age, location, health or socioeconomic status, culture, sexual orientation, ability, religion, or ethnicity. Even though anyone in the family can perpetrate it against another family member, men are more likely to commit it against women and children.
If you or a friend or family member is involved in domestic violence in any way, you will need the assistance of an experienced domestic violence lawyer in Melbourne who can inform you about the legal consequences.
Domestic Violence In Victoria
Family and domestic violence is a significant problem in Victoria. The Family Violence Protection Act 2008 sets rules for it. This law recognises that family violence is more than just physical abuse. It also includes sexual, emotional, financial, and mental abuse. Family violence is when someone hurts someone else to control, threaten, force, or rule another family member through fear. This includes:
- Hitting or pushing someone physically
- Sexual abuse
- Emotional or psychological abuse, such as shame, threats, or insults
- Financial abuse (not providing necessary money for food and clothing)
- Damage to property, threats to hurt other family members or pets, or not allowing someone to see their friends and family
Family violence can happen to anyone in the community, including:
- People who are married, living together, or in a civil union
- People who are gay or lesbian
- People who care for someone with a disability
- Parents, children, and cousins
- People who are in a "family-like" relationship
It is also against the law for children to witness, hear, or be exposed to family violence in any way. The law also keeps someone safe from people who used to be family. Understanding the legal process for handling assault charges, including family violence, is crucial for ensuring that both the victims receive protection and the perpetrators are held accountable.
A National Plan To Cut Down On Abuse Against Women And Children
The community, the Commonwealth, and the state and territory governments are all working together to carry out the National Plan to Reduce Violence against Women and their Children 2010–22.
The national plan, which came out in 2011, is a 12-year plan to reduce abuse against women and their children in a significant and long-term way.
The government released the Second Action Plan: Moving Ahead 2013–16 on June 27, 2014. This plan includes areas of work that all governments think are important to improve women's safety and reduce violence against women and their children.
In February 2011, the Victorian Government joined the national plan. This plan builds on and adds to the work done by Victoria's Action Plan to Address Violence Against Women and Children 2012–15.
Request For An Order Of Intervention
A family violence intervention order, sometimes called a "restraining" order, is a court order that keeps a person and their children safe from a family member who is abusing them.
If the police are called to an incident after hours and think that someone needs immediate protection, they can give the other person a family violence safety notice telling them to stay away from the victim. For this to work, you need to make an application for an intervention order. The court will handle this during business hours.
You can also ask for an intervention order in any Victorian Magistrates' court without the police being involved.
An interim order can also be made by the court if an intervention order application has been made and the protected person needs security right away before the court can decide on the application.
The Children's Court can hear an intervention order request if either the person being harmed or the person doing the harming is a child (under 18 years old).
If there is also a child protection case ongoing, the Children's Court can hear an application for an intervention order even if both the person being harmed and the person doing the harming are adults. The Magistrates' Court handles all other requests.
Request To Make Changes To The Rental Deal
An online form called Application by a Protected Person can be used to ask the Victorian Civil and Administrative Tribunal (VCAT) to make the following orders if you are a protected person in a family violence intervention order or family violence safety notice that has an exclusion clause:
- Getting out of the current rental agreement and forcing the owner to sign a new one in your name
- Shortening the length of the fixed-term rental agreement
People who are covered by law can get their VCAT fees waived. You need to fill out VCAT's Fee Reduction Application Form to do this.
Conclusion
Family violence in Victoria is a pervasive issue addressed comprehensively by the Family Violence Protection Act 2008. Beyond physical harm, it encompasses sexual, emotional, financial, and mental abuse. The court system serves as a vital protective mechanism, offering intervention orders and immediate safety measures like family violence safety notices. National and state initiatives, such as the National Plan to Reduce Violence against Women and their Children, underscore the collaborative efforts to combat these issues. Understanding legal avenues, including VCAT for rental agreements, empowers victims to seek protection and support. Overall, these frameworks aim to create a safer environment and reduce the prevalence of family violence across the community.
Resources And Further Reading
- https://www.legislation.vic.gov.au/in-force/acts/family-violence-protection-act-2008/053
- https://www.dss.gov.au/women/programs-services/reducing-violence/the-national-plan-to-reduce-violence-against-women-and-their-children-2010-2022
- https://plan4womenssafety.dss.gov.au/the-national-plan/second-action-plan/
