FAMILY VIOLENCE

Family violence can occur between any members of a family or household. It includes physical, sexual, psychological, emotional and economic abuse. Any behaviour that physically or emotionally hurts you or makes you scared of being harmed is a form of violence.

A victim (adult or child) of family violence may obtain an intervention order. In many cases, it is a fast and easily accessible way to get immediate short-term as well as long -term protection.

New laws that came into effect in December 2008 amended the definition of "family violence" and the categories of "applicants" who can seek such orders.

An intervention order may:

The police have the power to arrest and detain a person who breaches an intervention order.

It is up to the applicant (the person seeking the order) to convince a Magistrate in a Magistrate's court family violence has taken place and may recur. If available, evidence of any witnesses, doctors or police should be tendered in support of the application. Either the victim or the police or a 3rd party can apply for an intervention order.

The defendant may resist the application and there may be a contested hearing, with or without legal representation on either side. In urgent cases, an order may be made "ex parte" ie without the perpetrator being present.

It is also possible to obtain an intervention order in the case of stalking. This is covered in other State legislation. In such a case the victim and defendant need not be in one of the prescribed relationships under the FVP Act, i.e. a family member. Cyber-stalking is also covered.

Under the new laws passed in December 2008 police have more power to act. If they are called to a violent incident and the court is closed they can order the violent person to stay away from the house until the matter can be heard in court and issue a family violence safety notice with conditions similar to an intervention order.

Magistrates can now make an order that says that the violent person should leave the family home and live somewhere else. The most important consideration for the Magistrate is their duty to protect the safety of the affected family member and any children who are involved.

A victim of family violence can seek compensation for injuries suffered or property damaged. If a victim has suffered substantial injury (usually serious physical injury), it is possible to seek damages from the perpetrator in a personal injury claim. However, this is a costly and lengthy process that requires expert legal advice.

An easier way to claim compensation is through the Victims of Crime Assistance Tribunal (VOCAT). Victims of family violence and sexual assault can obtain medical and counselling services, compensation for loss of earnings and "special financial assistance" for pain and suffering. You should get legal advice if you want to claim compensation.

it is important for the victim to keep a written diary of all incidents that may form the basis of a complaint. This should include time and place, any witnesses, any attendance for medical attention and any contact with the police.

If you need immediate assistance in a family violence situation, call the police on 000, at any hour. They will attend and provide advice and some limited assistance. It is important to insist that the police take a formal statement of complaint. If it is an emergency, the police may also apply for an intervention order on your behalf or detain a person to allow you time to apply for an intervention order. This can be done at night or during weekends as well as during week days.

If emergency accommodation or support is needed, call the Women's Domestic Violence Crisis Service of Victoria (previously the Refuge Referral Service) on 9322 3555 (24-hour service) or 1800 015 188 outside the metropolitan area.

For more information on this subject refer to The Law Handbook chapter 5.4