Key Updates to the Family Violence Protection Act 2008
In Victoria, the Family Violence Protection Act 2008 has undergone significant updates as of 13th October 2024, reflecting the state’s continued commitment to protecting victims of family violence. These changes aim to strengthen legal frameworks, improve protections, and ensure a comprehensive response to family violence.
Here’s a summary of the key updates and implications:
Expanded Definition of Family Violence
The updated Act reinforces the broad definition of Family Violence, which includes not just physical and sexual abuse, but also emotional, psychological, and economic abuse. This reflects a growing recognition that non-physical forms of abuse can be equally harmful. Notably:
a. economic abuse is defined as behaviour that controls or denies a victim’s financial independence, including restricting access to finances or coercing someone to sign financial documents.
b. emotional abuse includes torment, harassment, and isolation from support networks, ensuring that these subtle but damaging behaviours are recognised by the law.
Protection for Children
The Act strengthens protections for children exposed to family violence. Courts are now required to explicitly consider the well-being of children when making intervention orders. This update acknowledges that children witnessing or hearing family violence are also victims, even if they are not the direct targets.
a. interim orders for children: When an interim family violence intervention order is made for a parent, courts must now automatically consider making an interim order for the protection of their children.
Risk Management Framework
A key enhancement in the 2024 update is the Family Violence Risk Assessment and Risk Management Framework. This framework aims to standardise how family violence risks are identified and managed across services. It requires that risk assessments be performed consistently by relevant agencies, ensuring that early warning signs of escalating violence are identified.
a. information sharing provisions allow service providers to share relevant details to assess and manage risks to victims, which can help prevent serious incidents.
Strengthened Police Powers
Victoria Police have been granted expanded powers to respond more effectively to family violence incidents. Officers can now issue Family Violence Safety Notices (FVSNs) on the spot, providing immediate protection for victims when courts are not in session. These notices act as an application for an intervention order, giving the victim urgent protection and triggering a court process to ensure longer-term safety.
a. Police holding powers have also been extended, allowing officers to detain an alleged perpetrator for a longer period if it’s necessary to ensure the safety of the victim or to prevent property damage.
Contraventions and Accountability
The Act has introduced new offences for the contravention of intervention orders, with tougher penalties for those who intentionally cause harm or fear. This includes a specific offence for persistent breaches of orders, targeting offenders who repeatedly disregard court orders.
a. counselling orders have also been emphasised, requiring certain offenders to attend behavioural change programs, aiming to prevent future violence and hold perpetrators accountable for their actions.
Intersection with Other Orders
The 2024 amendments clarify the relationship between family violence orders and other court orders, such as child protection orders and bail conditions. Courts must ensure that family violence intervention orders take precedence where necessary, particularly in protecting children.
These updates to the Family Violence Protection Act 2008 mark a critical step in enhancing the safety and support for victims of family violence in Victoria. The new provisions ensure that non-physical forms of abuse are recognised, children are better protected, and law enforcement agencies have the tools they need to intervene swiftly. Importantly, the risk management framework facilitates a collaborative approach to addressing family violence, ensuring that early intervention is prioritised.
For those experiencing family violence, the enhanced legal protections under this Act provide a stronger framework for seeking safety and justice. If you or someone you know is affected by family violence, it is crucial to seek support and utilise these strengthened legal provisions.