The Law Handbook 2024

294 Section 4: Relationships, families and young people 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). Criminal law remedies for family violence 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 compensation for injuries caused through family violence. Family violence intervention orders Who can obtain a family violence intervention order? Under the FVP Act, any family member experiencing violence may obtain an intervention order. ‘ Family member ’ is defined in the FVP Act (s 8) and includes a current or former spouse, a domestic partner (see the expanded definition below), a person who has/has had an intimate personal relationship with the respondent (whether or not it is sexual in nature; this includes boyfriend–girlfriend relationships, same-sex relationships, parties involved in a brief sexual relationship, and even close platonic friends), a parent, a child, a relative (including immediate and extended family) and any other person whom the relevant person views as being like a family member in certain prescribed circumstances (s 8(3)). ‘ Domestic partner ’ is an adult person to whom the person seeking protection is not married but is in a relationship with as a couple, irrespective of their genders and whether or not they are living together (s 9). Paid carers and co-tenants are excluded. ‘ Relative ’ also covers a wide range of people (s 10). What is a family violence intervention order? An intervention order is a fast, inexpensive and easily accessible remedy for a family member who needs immediate short-term, and long-term, protection. Applications for intervention orders are usually heard in the Magistrates’ Court, unless the sole applicant or sole respondent is under 18 years old. When the sole applicant or respondent is under age, the application is usually heard in the Children’s Court, which has the same powers as the Magistrates’ Court. Section 81 of the FVP Act sets out some of the conditions that may be included in a family violence intervention order. An intervention order may: • prohibit the respondent from committing family violence against the protected person; • exclude the respondent from the protected person’s residence (called an ‘exclusion condition’); • restrict a person’s access to any premises and/or a specified area; • prohibit the respondent from contacting or communicating with the protected person by any means; • direct the use of specific personal property; • prohibit publishing – on the internet, by email or other electronic communication – any material about the protected person; • prohibit the respondent from causing another person to engage in conduct prohibited by the order; • require the respondent to attend counselling; • revoke or suspend any licence/permit to carry or use firearms. If the court decides to make an intervention order, the court must consider whether to include an exclusion condition (s 82). The FVP Act prescribes the circumstances the court must examine before making an order. There are cross-references to residential tenancy laws and to housing provided by the Victorian Government Department of Families, Fairness and Housing ( DFFH ). In addition, there are extra circumstances for the court to consider if the respondent to such an exclusion condition is a child (s 83). Also, the FVP Act sets out procedures for orders relating to personal property (ss 86–88), family law (ss 89–93) and counselling (ss 129, 130).