A victim of family violence can seek compensation for injuries suffered or property damaged either by way of a civil suit for damages or under the revamped state criminal injuries compensation scheme.

If a victim has suffered substantial injury (usually serious physical injury), it is possible to institute civil proceedings for damages against the perpetrator in the state courts. However, this is a costly, lengthy and risky process and requires expert legal advice. Time limits also apply.

The more accessible source of monetary compensation is from the Victims of Crime Assistance Tribunal (VOCAT) in the Magistrates' Court under the Victims of Crime Assistance Act 1996 (Vic) and relevant Regulations.

Formerly, victims of family violence and sexual assault could only obtain medical and counselling services or compensation for loss of earnings, if applicable. Since the amendments came into operation on 1 January 2001, it is also possible for a victim to seek compensation for "special financial assistance" for pain and suffering, but only in respect of acts of violence that occurred on or after 1 July 2000. The maximum payable for pain and suffering is prescribed by legislation.

The new scheme is complicated and the applicant should obtain legal advice. See also: Chapter 18*4 Assistance for Victims of Crime.

Under the Sentencing Act 1991 (Vic), it is also possible to obtain an order for compensation against the perpetrator in a state court if they are convicted of a criminal offence. This may apply where the offence relates to family violence.