Preamble

In enacting this Act, the Parliament recognises the following principles—

(a)

that non-violence is a fundamental social value that must be promoted;

(b)

that family violence is a fundamental violation of human rights and is unacceptable in any form;

(c)

that family violence is not acceptable in any community or culture;

(d)

that, in responding to family violence and promoting the safety of persons who have experienced family violence, the justice system should treat the views of victims of family violence with respect.

In enacting this Act, the Parliament also recognises the following features of family violence—

(a)

that while anyone can be a victim or perpetrator of family violence, family violence is predominantly committed by men against women, children and other vulnerable persons;

(b)

that children who are exposed to the effects of family violence are particularly vulnerable and exposure to family violence may have a serious impact on children's current and future physical, psychological and emotional wellbeing;

(c)

that family violence—

(i)

affects the entire community; and

(ii)

occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion;

(d)

that family violence extends beyond physical and sexual violence and may involve emotional or psychological abuse and economic abuse;

(e)

that family violence may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of abuse over a period of time.

The Parliament of Victoria therefore enacts:

1Purpose

The purpose of this Act is to—

(a)

maximise safety for children and adults who have experienced family violence; and

(b)

prevent and reduce family violence to the greatest extent possible; and

(c)

promote the accountability of perpetrators of family violence for their actions.

2How purpose is to be achieved

This Act aims to achieve its purpose by—

(a)

providing an effective and accessible system of family violence intervention orders and family violence safety notices; and

S. 2(ab) inserted by No. 23/2017 s. 5.

(ab)

providing for the sharing of information that is relevant to assessing and managing a risk of family violence; and

S. 2(b) amended by No. 23/2017 s. 15(a).

(b)

creating offences for contraventions of family violence intervention orders and family violence safety notices; and

S. 2(c) inserted by No. 23/2017 s. 15(b).

(c)

providing a framework for achieving consistency in family violence risk assessment and family violence risk management.

3Commencement

(1)

Sections 1 and 224 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

S. 3(1A) inserted by No. 51/2009 s. 5, repealed by No. 83/2012 s. 3.

* * * * *

(2)

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)

If a provision referred to in subsection (2) does not come into operation before 1 October 2009, it comes into operation on that day.

4Definitions

In this Act—

Aboriginal and Torres Strait Islander tradition means—

(a)

the body of traditions, observances, customs and beliefs of Aboriginal and Torres Strait Islander people generally or of a particular community or group of Aboriginal or Torres Strait Islander people; and

(b)

any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships;

S. 4 def. of acting in concert order inserted by No. 42/2014 s. 114.

acting in concert order means an order made under section 36 of the Vexatious Proceedings Act 2014;

S. 4 def. of Administrat-ive Office Head inserted by No. 23/2017 s. 4(a).

Administrative Office Head has the same meaning as in section 4(1) of the Public Administration Act 2004;

adult means a person who is 18 years of age or over;

S. 4 def. of affected family member amended by No. 53/2016 ss 41(d), 82.

affected family member means the following persons—

(a)

a person the subject of an application for a family violence intervention order to protect the person or the person's property;

(b)

a person for whom a police officer intends to make an application referred to in section 13(1)(a) or 13A(1)(a) to ensure the safety of the person or to preserve any property of the person;

(c)

a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a family violence intervention order as referred to in section 45(d)(ii) or (iii) or (e)(ii);

(d)

an additional applicant under section 76;

appropriate registrar, for a court, means the registrar for that court or at the proper venue of the court;

assault has the same meaning as in section 31 of the Crimes Act 1958;

associate means—

(a)

in relation to a respondent, a person who is so closely connected with the respondent that the respondent can influence the actions of the person, whether directly or indirectly; and

(b)

in relation to an affected family member or a protected person, a person who provides the affected family member or protected person with assistance or support;

authorisation form means a form completed under section 27(2)(a);

child means a person who is under the age of 18 years;

child protection order means an order for which the Children's Court has jurisdiction under section 515(1) of the Children, Youth and Families Act 2005 to hear and determine an application;

Note

Under section 515(1)(o) of the Children, Youth and Families Act 2005, the Children's Court's jurisdiction includes hearing and determining applications for certain proceedings transferred to the Court under interstate laws.

S. 4 def. of cognitive impairment amended by No. 53/2010 s. 197(a).

cognitive impairment has the same meaning as in section 3 of the Evidence (Miscellaneous Provisions) Act 1958;

contested application means an application the subject of a contested hearing;

contested hearing, in relation to an application under this Act, means a hearing by a court in which a party to the proceeding is contesting the final determination of the application;

S. 4 def. of correspon-ding DVO recognition law inserted by No. 53/2016 s. 41(a).

corresponding DVO recognition law means a corresponding law within the meaning of the National Domestic Violence Order Scheme Act 2016;

S. 4 def. of correspon-ding interstate law repealed by No. 53/2016 s. 41(f).

* * * * *

S. 4 def. of correspon-ding interstate order repealed by No. 53/2016 s. 41(f).

* * * * *

S. 4 def. of correspon-ding New Zealand law substituted by No. 53/2016 s. 41(b).

corresponding New Zealand law means the Domestic Violence Act 1995 of New Zealand or an Act repealed by that Act;

S. 4 def. of correspon-ding New Zealand order substituted by No. 53/2016 s. 41(c).

corresponding New Zealand order means—

(a)

an order made under a corresponding New Zealand law that substantially corresponds to an interim order or a final order; or

(b)

a notice issued or an order made under a corresponding New Zealand law that substantially corresponds to a family violence safety notice;

counselling order means an order under section 129 or 130;

S. 4 def. of court amended by No. 33/2018 s. 14(2).

court means—

(a)

the Magistrates' Court; or

(b)

if the application is being dealt with in the Children's Court, that court; or

(c)

in relation to an interim order made under Division 2A of Part 4, the court hearing the criminal proceeding in which the order is made;

S. 4 def. of declaration of truth inserted by No. 33/2018 s. 14(1).

declaration of truth means a declaration that complies with section 43(4) made by an applicant in an application under section 43(1)(c) instead of on oath or by affirmation or by affidavit;

domestic partner has the meaning set out in section 9;

Deputy Chief Magistrate means the Deputy Chief Magistrate of the Magistrates' Court;

economic abuse has the meaning set out in section 6;

emotional or psychological abuse has the meaning set out in section 7;

exclusion condition has the meaning given by section 82;

S. 4 def. of extended litigation restraint order inserted by No. 42/2014 s. 114.

extended litigation restraint order means an order made under section 19 of the Vexatious Proceedings Act 2014;

Family Law Act means the Family Law Act 1975 of the Commonwealth;

Family Law Act order means an order, injunction, undertaking, plan or recognisance referred to in section 68R of the Family Law Act;

family member has the meaning set out in section 8;

family violence has the meaning set out in section 5;

S. 4 def. of Family Violence Court Division repealed by No. 33/2018 s. 47(a).

* * * * *

family violence intervention order has the meaning set out in section 11;

family violence safety notice means a family violence safety notice issued under section 26 for which—

(a)

a form is completed under section 27(1); or

(b)

a safety notice form is completed;

final order has the meaning set out in section 11;

S. 4 def. of finalisation condition inserted by No. 77/2014 s. 3(2), repealed by No. 19/2017 s. 62.

* * * * *

firearms authority means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;

first mention date, in relation to an application for a family violence intervention order, means the first date on which the proceeding for the application is listed before the court;

S. 4 def. of foreign order inserted by No. 53/2016 s. 41(a).

foreign order means a foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016;

S. 4 def. of guardian amended by Nos 57/2014 s. 152, 13/2019 s. 221(Sch. 1 item 15.1).

guardian, in relation to a person, means (except in the definition of parent) a guardian under the Guardianship and Administration Act 2019 or an attorney who has power for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 who has power, whether specifically or generally—

(a)

to make decisions, take action, consent or do things for the person under this Act or under the enduring power of attorney; or

(b)

to decide where or with whom the person is to live or with whom the person is to have contact;

S. 4 def. of information sharing entity inserted by No. 23/2017 s. 6.

information sharing entity has the meaning set out in section 144D;

interim order has the meaning set out in section 11;

S. 4 def. of interstate DVO inserted by No. 53/2016 s. 41(a).

interstate DVO means an interstate DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;

S. 4 def. of litigation restraint order proceeding inserted by No. 42/2014 s. 114.

litigation restraint order proceeding means a proceeding under the Vexatious Proceedings Act 2014 in relation to any of the following orders, if the order relates to an application or a proceeding under this Act—

(a)

an extended litigation restraint order;

(b)

an acting in concert order;

(c)

an appeal restriction order within the meaning of that Act;

(d)

an order varying or revoking an extended litigation restraint order;

(e)

a variation or revocation application prevention order within the meaning of that Act;

S. 4 def. of mention date amended by No. 19/2017 s. 31.

mention date, in relation to an application or appeal under this Act, means—

(a)

the first mention date; or

(b)

another date on which the proceeding is listed before the court other than for a contested hearing or the hearing of an appeal;

parent, of a child, includes—

(a)

a person who has responsibility for the long-term welfare of the child and has, in relation to the child, all the parental powers, rights and duties that are vested by law or custom in the guardian of a child; and

(b)

a person with whom the child normally or regularly resides;

S. 4 def. of participating jurisdiction inserted by No. 53/2016 s. 41(a).

participating jurisdiction, in relation to an interstate DVO or registered foreign order, means a jurisdiction in which a corresponding DVO recognition law has been enacted;

party, to a proceeding under this Act, includes—

(a)

the affected family member or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and

(b)

if the affected family member or protected person is not the applicant for the proceeding, the applicant; and

(c)

the respondent for the proceeding or the respondent who is the subject of an order made in the proceeding;

S. 4 def. of personal safety intervention order inserted by No. 53/2010 s. 210.

personal safety intervention order means a personal safety intervention order within the meaning of section 4 of the Personal Safety Intervention Orders Act 2010;

S. 4 def. of police officer amended by No. 37/2014 s. 10(Sch. item 61.1).

police officer has the same meaning as in the Victoria Police Act 2013;

possession, in relation to a firearm, has the same meaning as it has in the Firearms Act 1996;

proper venue—

(a)

in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the Magistrates' Court Act 1989; and

(b)

in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the Children, Youth and Families Act 2005;

S. 4 def. of property substituted by No. 53/2010 s. 197(b).

property, in relation to a family member, includes—

(a)

property of the family member; and

(b)

property that is situated in premises in which the family member lives or works whether or not it is the family member's property; and

(c)

property that is being used by the family member whether or not it is the family member's property;

S. 4 def. of protected person amended by No. 53/2016 s. 41(e).

protected person means a person who is protected by a family violence intervention order or a family violence safety notice or a recognised DVO;

S. 4 def. of public entity inserted by No. 23/2017 s. 4(a).

public entity has the same meaning as in section 4(1) of the Public Administration Act 2004;

S. 4 def. of public service body inserted by No. 23/2017 s. 4(a).

public service body has the same meaning as in section 4(1) of the Public Administration Act 2004;

S. 4 def. of publish substituted by No. 77/2014 s. 3(3).

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)

publication in a book, newspaper, magazine or other written publication; or

(b)

broadcast by radio or television; or

(c)

public exhibition; or

(d)

broadcast or electronic communication—

and publication must be construed accordingly;

S. 4 def. of recognised DVO inserted by No. 53/2016 s. 41(a).

recognised DVO means—

(a)

an interstate DVO made in a participating jurisdiction; or

(b)

an interstate DVO or a foreign order taken to be a recognised DVO under section 36(1) of the National Domestic Violence Order Scheme Act 2016; or

(c)

a foreign order that is a registered foreign order in any participating jurisdiction, and includes a corresponding New Zealand order registered under Part 10;

S. 4 def. of registered foreign order inserted by No. 53/2016 s. 41(a).

registered foreign order means a registered foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016;

S. 4 def. of registrar amended by No. 1/2022 s. 89.

registrar means—

(a)

in relation to the Magistrates' Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or

(b)

in relation to the Children's Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or

(c)

in relation to the County Court, a registrar of the Court or a deputy registrar of the Court; or

(d)

in relation to the Supreme Court, the prothonotary of the Court, a deputy Prothonotary of the Court or the Registrar of the Court of Appeal;

relative has the meaning set out in section 10;

relevant decision, for Subdivision 1 of Division 9 of Part 4, has the meaning set out in section 114;

S. 4 def. of respondent amended by No. 53/2016 s. 41(f).

respondent means the following persons—

(a)

a person against whom—

(i)

an application for a family violence intervention order has been made; or

(ii)

a family violence intervention order has been made; or

(iii)

a family violence safety notice has been issued;

(b)

an additional respondent under section 76;

(c)

in relation to a recognised DVO, a person against whom the recognised DVO has been made;

safety means safety from family violence;

safety notice form means a form completed under section 27(3);

S. 4 def. of Secretary amended by Nos 19/2017 s. 41, 23/2017 s. 4(b).

Secretary means (other than in Part 11) the Secretary to the Department of Justice and Regulation;

S. 4 def. of Specialist Family Violence Court Division inserted by No. 33/2018 s. 39(1).

Specialist Family Violence Court Division means the Specialist Family Violence Court Division of the Magistrates' Court established under section 4IA(1) of the Magistrates' Court Act 1989;

spouse, of a person, means a person to whom the person is married;

S. 4 def. of stalking inserted by No. 1/2026 s. 18.

stalking has the same meaning as it has in section 21A of the Crimes Act 1958;

weapon means an article that is—

(a)

a prohibited weapon under the Control of Weapons Act 1990; or

(b)

a controlled weapon under paragraph (b) of the definition of controlled weapon in section 3(1) of the Control of Weapons Act 1990;

weapons approval means an approval under section 8C of the Control of Weapons Act 1990;

S. 4 def. of weapons exemption amended by No. 77/2014 s. 3(1).

weapons exemption means an exemption granted under section 8B of the Control of Weapons Act 1990 in respect of a person or a class of persons;

S. 4 def. of working day inserted by No. 77/2014 s. 3(2).

working day, in relation to a court, means a day other than a Saturday, a Sunday or a day appointed as a public holiday under the Public Holidays Act 1993.

5Meaning of family violence

(1)

For the purposes of this Act, family violence is—

(a)

behaviour by a person towards a family member of that person if that behaviour—

(i)

is physically or sexually abusive; or

(ii)

is emotionally or psychologically abusive; or

(iii)

is economically abusive; or

(iv)

is threatening; or

(v)

is coercive; or

(vi)

in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or

(b)

behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).

Examples to s. 5(1)(b) amended by No. 33/2018 s. 15.

Examples

1The following behaviour may constitute family violence under paragraph (a)—

• using coercion, threats, physical abuse or emotional or psychological abuse to cause or attempt to cause a person to enter into a marriage;

• using coercion, threats, physical abuse or emotional or psychological abuse to demand or receive dowry, either before or after a marriage.

2 The following behaviour may constitute a child hearing, witnessing or otherwise being exposed to the effects of behaviour referred to in paragraph (a)—

• overhearing threats of physical abuse by one family member towards another family member;

• seeing or hearing an assault of a family member by another family member;

• comforting or providing assistance to a family member who has been physically abused by another family member;

• cleaning up a site after a family member has intentionally damaged another family member's property;

• being present when police officers attend an incident involving physical abuse of a family member by another family member.

(2)

Without limiting subsection (1), family violence includes the following behaviour—

(a)

assaulting or causing personal injury to a family member or threatening to do so;

(b)

sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;

S. 5(2)(ba) inserted by No. 37/2023 s. 5.

(ba)

choking, strangling or suffocating (within the meaning of section 34AB(1) of the Crimes Act 1958) a family member or threatening to do so;

S. 5(2)(bb) inserted by No. 1/2026 s. 19(a).

(bb)

stalking a family member;

(c)

intentionally damaging a family member's property, or threatening to do so;

(d)

unlawfully depriving a family member of the family member's liberty, or threatening to do so;

S. 5(2)(da) inserted by No. 1/2026 s. 19(b).

(da)

using or misusing, or attempting or threatening to use or misuse, systems, processes and providers of services as a means of coercing or controlling a family member;

Examples

Intentional misuse of court processes for the purpose of coercing or controlling a family member.
Making malicious allegations or reports about the family member to entities such as Victoria Police, child protection services, health services, family services, and entities having responsibility for immigration.

S. 5(2)(db) inserted by No. 1/2026 s. 19(b).

(db)

influencing or attempting to influence the actions or decisions of providers of family, health and other services as a means of coercing or controlling a family member;

S. 5(2)(e) substituted by No. 1/2026 s. 19(c).

(e)

causing or threatening to cause the death or mistreatment of, or injury to, an animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member;

Example

Mistreatment of an animal may include withholding the animal's food, water, shelter or medication.

S. 5(2)(f) inserted by No. 1/2026 s. 19(c).

(f)

causing or threatening to cause the sale, removal, abandonment, rehoming or surrendering of an animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member.

(3)

To remove doubt, it is declared that behaviour may constitute family violence even if the behaviour would not constitute a criminal offence.

6Meaning of economic abuse

For the purposes of this Act, economic abuse is behaviour by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person), without the second person's consent—

(a)

in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or

(b)

by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or the second person's child, if the second person is entirely or predominantly dependent on the first person for financial support to meet those living expenses.

Examples—

• coercing a person to relinquish control over assets and income;

• removing or keeping a family member's property without permission, or threatening to do so;

• disposing of property owned by a person, or owned jointly with a person, against the person's wishes and without lawful excuse;

• without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses;

• preventing a person from seeking or keeping employment;

• coercing a person to claim social security payments;

• coercing a person to sign a power of attorney that would enable the person's finances to be managed by another person;

• coercing a person to sign a contract for the purchase of goods or services;

• coercing a person to sign a contract for the provision of finance, a loan or credit;

• coercing a person to sign a contract of guarantee;

• coercing a person to sign any legal document for the establishment or operation of a business.

7Meaning of emotional or psychological abuse

For the purposes of this Act, emotional or psychological abuse means behaviour by a person towards another person that torments, intimidates, harasses or is offensive to the other person.

Examples to s. 7 amended by No. 3/2021 s. 64.

Examples—

• repeated derogatory taunts, including racial taunts;

• threatening to disclose a person's sexual orientation to the person's friends or family against the person's wishes;

• an adult child repeatedly denigrating an elderly parent's sexual orientation, including by telling them it is wrong to be same-sex attracted and that they must change or the adult child will no longer support them;

• threatening to withhold a person's medication;

• preventing a person from making or keeping connections with the person's family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person's cultural identity;

• threatening to commit suicide or self-harm with the intention of tormenting or intimidating a family member, or threatening the death or injury of another person.

8Meaning of family member

(1)

For the purposes of this Act, a family member, in relation to a person (a relevant person), means—

(a)

a person who is, or has been, the relevant person's spouse or domestic partner; or

(b)

a person who has, or has had, an intimate personal relationship with the relevant person; or

(c)

a person who is, or has been, a relative of the relevant person; or

(d)

a child who normally or regularly resides with the relevant person or has previously resided with the relevant person on a normal or regular basis; or

(e)

a child of a person who has, or has had, an intimate personal relationship with the relevant person.

(2)

For the purposes of subsections (1)(b) and (1)(e), a relationship may be an intimate personal relationship whether or not it is sexual in nature.

(3)

For the purposes of this Act, a family member of a person (the relevant person) also includes any other person whom the relevant person regards or regarded as being like a family member if it is or was reasonable to regard the other person as being like a family member having regard to the circumstances of the relationship, including the following—

(a)

the nature of the social and emotional ties between the relevant person and the other person;

(b)

whether the relevant person and the other person live together or relate together in a home environment;

(c)

the reputation of the relationship as being like family in the relevant person's and the other person's community;

(d)

the cultural recognition of the relationship as being like family in the relevant person's or other person's community;

(e)

the duration of the relationship between the relevant person and the other person and the frequency of contact;

(f)

any financial dependence or interdependence between the relevant person or other person;

(g)

any other form of dependence or interdependence between the relevant person and the other person;

(h)

the provision of any responsibility or care, whether paid or unpaid, between the relevant person and the other person;

(i)

the provision of sustenance or support between the relevant person and the other person.

Example

A relationship between a person with a disability and the person's carer may over time have come to approximate the type of relationship that would exist between family members.

(4)

For the purposes of subsection (3), in deciding whether a person is a family member of a relevant person the relationship between the persons must be considered in its entirety.

9Meaning of domestic partner

(1)

For the purposes of this Act, domestic partner of a person means—

(a)

a person who is in a registered relationship within the meaning of the Relationships Act 2008 with the person; or

(b)

an adult to whom the person is not married but with whom the person is in a relationship as a couple where one or each of the persons provides personal or financial commitment and support of a domestic nature for the support of the other person.

(2)

For the purposes of subsection (1)(b), the following is irrelevant—

(a)

the genders of the persons;

(b)

whether or not the persons are living under the same roof.

(3)

Also, for the purposes of subsection (1)(b), a person is not the domestic partner of another person—

(a)

if the person provides domestic support and personal care to the person—

(i)

for fee or reward; or

(ii)

on behalf of another person or an organisation, including a government or non-government agency, a body corporate or a charitable or benevolent organisation; or

(b)

merely because they are co-tenants.

(4)

In deciding whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

10Meaning of relative

(1)

For the purposes of this Act, a relative of a person—

(a)

means any of the following, whether of the whole blood or half-blood or by marriage, and whether or not the relationship depends on adoption of the person—

(i)

the person's father, mother, grandfather or grandmother;

(ii)

the person's son, daughter, grandson or granddaughter;

(iii)

the person's brother or sister;

(iv)

the person's uncle or aunt;

(v)

the person's nephew or niece;

(vi)

the person's cousin; and

(b)

for an Aboriginal or Torres Strait Islander person—includes a person who, under Aboriginal or Torres Strait Islander tradition or contemporary social practice, is the person's relative.

(2)

For domestic partners, a relative includes a person who would be a relative if the domestic partners were married to each other.

Family Violence Protection Act 2008

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