It is common during our initial calls and consultations for clients to disclose that they have experienced family violence. These experiences may be current or historical, and they do not always involve physical harm. In many cases, clients have lived with certain behaviours for so long that they may not immediately recognise them as family violence, particularly where the conduct involves control, intimidation, financial pressure, technology-facilitated abuse, threats, or repeated interference with their day-to-day life.
The Court takes allegations of family violence seriously, particularly where they may affect parenting arrangements, a child’s safety, or the safety of another family member. Where parenting matters are before the Court, allegations of family violence, child abuse, or risk must be carefully considered because they may affect what arrangements are safe, practical and in the best interests of the children.
Family violence is not limited to one type of conduct. It can occur in different ways and may form part of a broader pattern of behaviour designed to control, intimidate, coerce or cause fear. Examples can include, but are not limited to:
As legal practitioners, part of our role is to keep clients informed about changes to Victorian legislation that may affect their rights, safety and legal options. Recent reforms passed by the Victorian Parliament have expanded the legal understanding of family violence by expressly recognising a wider range of conduct, including stalking, harm to animals, systems misuse and other behaviours that may be used to intimidate, control or coerce a family member. These changes are important because they reflect the reality that family violence is often not confined to physical acts, but may involve patterns of behaviour that create fear, dependence or ongoing control.
The reforms also affect how Family Violence Intervention Orders are made in the Court system. Courts are now making Family Violence Intervention Orders for a minimum period of two years. This provides affected family members with longer-lasting protection and can reduce the need to return to Court as frequently to seek extensions or further orders, which is particularly significant for people who may find the Court process stressful, unsafe or re-traumatising.
Family Violence Intervention Orders include conditions designed to protect the affected family member and, where relevant, any children or other protected people named on the order. These conditions set out what the respondent must or must not do. One of the most common conditions is that the respondent must not commit family violence against the protected person or arrange for someone else to do so on their behalf. Other conditions may relate to contact or attendance at certain places. If the respondent does not comply with any condition of the order, this is considered a breach. Breaches are taken seriously by Police and the Court and may result in criminal charges, particularly where there are repeated or ongoing breaches.
Navigating family violence issues and understanding your legal rights can be challenging, especially where children, safety concerns or Intervention Orders are involved. If you would like to discuss any of the matters outlined above and how they may apply to your unique circumstances, we invite you to arrange a 15-minute initial call with one of our lawyers.
By Louisa Goddard
Resources:
Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Bill 2025
Family violence: Overview | Federal Circuit and Family Court of Australia
Family violence and family violence intervention orders | Victoria Legal Aid
Victoria expands legal definition of family violence - Parliament of Victoria
