Domestic violence is a saddening issue that affects many families across Victoria, creating an environment of fear and instability. The complexities of family law in the context of domestic violence can seem to fall short at times, and be daunting for those experiencing it.
Understanding your rights and where to seek help can empower you to take decisive steps towards safety and justice. This article aims to provide guidance on legal options to address domestic and family violence, helping you to understand your rights, explore available support, and manage your situation from a legal perspective.
Understanding Domestic & Family Violence
Domestic (family) violence can manifest in various forms, including physical, emotional, psychological, and financial abuse. It is crucial to recognise these forms of abuse and understand that they are not acceptable under any circumstances.
In Victoria, the legal definition of domestic violence includes any behaviour that seeks to control or dominate a partner, family member, or household member, and which causes them to fear for their safety or wellbeing.
Common Forms of Domestic Violence:
● Physical Abuse: Hitting, slapping, or any other form of physical harm.
● Emotional and Psychological Abuse: Manipulative behaviour, threats, and constant criticism that erodes self-esteem.
● Financial Abuse: Controlling access to money, preventing access to financial resources, or exploiting financial resources.
● Coercive Control: Restricting freedom of movement, monitoring activities, or isolating someone from support networks.
To understand more about family violence, Tonkin Family Lawyer Cassandra Rush shares some insights in this short video: Family Violence – Tonkin Legal Group
Legal Protections In Victoria For People Experiencing Domestic & Family Violence
Family law in Victoria provides avenues for individuals experiencing domestic violence to seek protection and support. The Family Violence Protection Act 2008 is a key piece of legislation that provides guidelines for obtaining intervention orders and addressing safety concerns.
Key Legal Protections:
● Intervention Orders: You can apply for an intervention order (also known as a restraining order) through the Magistrates’ Court. This order can restrict the abuser’s contact with you and prevent them from approaching you or your children.
● Children’s Safety: If family violence impacts children, which is sadly frequently common, the court can make orders to ensure their safety and wellbeing. This may include altering parenting arrangements or implementing supervised visitation.
● Property Settlements: In family law proceedings, the court takes domestic violence into account when making decisions about property settlements and financial matters. This may affect the division of assets and financial support.
Domestic Violence & Family Law: Understanding FVIOs in Victoria
Family Violence Intervention Orders (FVIOs) are legal measures designed to protect individuals from family violence and ensure their safety. If you are experiencing domestic violence or are at risk, obtaining an FVIO can be a crucial step in safeguarding yourself and your family.
What is an FVIO?
An FVIO is a court order that places restrictions on the behaviour of a person who is causing you harm or is likely to do so. It can prohibit the abuser from contacting you, coming near you, or engaging in specific behaviours that threaten your safety. FVIOs are designed to provide immediate protection and can also include provisions to ensure the safety of children involved.
How to Obtain an FVIO
- Contact the Police: If you are in immediate danger, call 000. The police can assist with urgent safety measures and help you apply for an FVIO.
- Apply Through the Magistrates’ Court: You can apply for an FVIO at the Magistrates’ Court. The application can be made by you, your lawyer, or the police on your behalf.
- Prepare Your Application: Gather evidence of the abuse or threat, such as photos, messages, or witness statements.
- File the Application: Submit your application to the Magistrates’ Court, which will then schedule a hearing.
- Attend the Hearing: A court hearing will be held where you can present your evidence. The court will decide whether to issue the FVIO based on the information provided.
- Receive the FVIO: If granted, the FVIO will outline the conditions the abuser must follow. Ensure you keep a copy of the order and share it with the police if necessary. You may also want to let your family, work, HR or children’s school or daycare know that an order is in place if doing so will not jeopardise your safety.
Our team is highly experienced in working with people experiencing family violence and can assist you in accessing support and applying for an intervention order.
How to Respond to an FVIO
If you are served with an FVIO, it is important to respond appropriately:
- Understand the Conditions: Read the FVIO carefully to understand the restrictions and conditions imposed.
- Seek Legal Advice: Consult with a lawyer to understand your rights and obligations under the FVIO. They can guide you on how to comply and handle any disputes.
- Comply with the Order: Follow the conditions of the FVIO strictly. Failure to do so can result in legal consequences.
- Challenge the FVIO if You Believe It Has Been Unfairly Granted: If you believe the FVIO was issued unfairly or you wish to contest it, you can apply to the court to have it reviewed or varied.
Obtaining and responding to an FVIO involves legal processes designed to protect individuals from family violence. If you need immediate assistance, reach out to the police or a legal professional. For more information, support services are available to guide you through the process and ensure your safety.
Seeking Help and Support
1. Contact Support Services:
Victoria offers various support services for individuals experiencing domestic violence. These services can provide immediate assistance, counselling, and legal advice:
● 1800 RESPECT (1800 737 732): A national helpline offering 24/7 support for individuals experiencing domestic violence.
● Safe Steps: Provides crisis support and accommodation for women and children escaping domestic violence.
2. Engage with Local Resources:
Local community organisations and domestic violence support centres can provide tailored assistance, including emergency accommodation, safety planning, and emotional support. They can also connect you with legal services and help navigate the family law system.
3. Seek Legal Advice:
Consulting with a family lawyer who has experience in domestic violence cases is crucial. They can help you understand your legal rights, represent you in court, and advocate for your safety and interests.
Managing Financial Pressures and Other Factors
Domestic violence often has financial implications, such as loss of income or increased expenses related to safety and legal proceedings. The stress of financial instability can exacerbate the situation, making it even more challenging to seek help and protection.
Ways to Address Financial Pressures:
● Seek Financial Advice: Consult with a financial advisor or support service to manage your finances and explore options for financial assistance or emergency funding.
● Access Government Support: You may be eligible for government benefits and support programs designed to assist individuals facing financial hardship due to domestic violence.
● Explore Legal Protections: In family law proceedings, the court can consider financial hardships when making decisions about property settlements and spousal maintenance.
The challenges of domestic violence and family law can be overwhelming, but understanding your rights and accessing the appropriate support can make a significant difference.
In Victoria, legal protections are in place to help you achieve safety and justice, and various services are available to offer guidance, support, and practical assistance. By reaching out to support services, seeking legal advice, and managing financial pressures, you can take proactive steps towards securing a safer and more stable future for yourself and your family.
Your safety and wellbeing are paramount. If you or someone you know is experiencing domestic violence, please seek help and support as soon as possible. You deserve to live a life free from fear and abuse.
This is general information only. Please contact us for expert legal advice that considers your unique personal situation before making any decisions based on this article.
