Family violence.

Get up to date on the Family Violence Protection Act 2008 and explore how to identify and approach family violence in your court or hearing room.

The purpose of the Family Violence Protection Act 2008 is to promote safety for people who have experienced family violence, reduce its prevalence, and increase accountability of those who use family violence. 

The College has developed a Family Violence Bench Book, which provides a detailed explanation of the legislation and the social context of family violence.

The resources on this page complement those in the bench book by providing a deeper exploration of the complex dynamics of family violence and explanation of coercive control and its significant impacts.

The College uses the terms ‘affected family member’ and ‘respondent’ to refer to parties involved in a family violence intervention order proceeding. The term ‘offender’ is used to refer to a person who has been found guilty of a criminal offence. The terms ‘complainant’ and ‘accused’ are used where an allegation of offending has been made. 

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    Case note: DPP v Cormick [2023] VSCA 186

    A key case on mens rea in s 123 of the Family Violence Protection Act 2008. This case note summarises the decision and the majority's guidance on the relationship between the physical element and the fault element of this offence.
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    What Is Coercive Control?

    Award-winning author Jess Hill explores the impact of coercive control and how it may play out in a hearing.
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Diagram demonstrating the Power and Control Wheel. Read on for a text description

Power and Control Wheel

The Power and control wheel identifies specific aspects of the power and control dynamic present in family violence matters.

Diagram demonstrating the Equality Wheel. Read on for a text description

Equality Wheel

The Equality wheel helps articulate what a non-violent, equal relationship looks like.

Family violence can be difficult to identify and work with in a way that promotes safety. These resources provide practical information about how family violence may present, how to communicate with respondents and how you can better understand trauma and counter-intuitive behaviour when it presents in your court or hearing room.

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    Tips for Engaging Men on Their Use of Family Violence

    This tip sheet produced by advocacy group No to Violence sets out how to engage men who use violence without colluding with them.
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    Non-Collusive Language

    Family violence expert Scott Mills explains the do’s and don’ts of communicating with respondents.
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    Engaging Men: Invitational-Narrative Approaches

    Australia’s National Research Organisation for Women’s Safety Limited (ANROWS) conducted the qualitative study Engaging men: Invitational-narrative approaches. Through a research report, podcast, and presentations, it explores how invitational narrative methods help to engage men and enable behavioural and attitudinal change.
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    Understanding Trauma and Counter-Intuitive Behaviour.

    Trauma specialist Merrin Wake discusses complex trauma, trauma-informed practice, and how to work with people who are suffering from the impacts of trauma.
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These resources provide practical information about risk factors, the evidence base for known risks, understanding risk factors for diverse communities, and key stages and events which increase the risk of family violence.

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    Family Violence Multi-Agency Risk Assessment and Management Framework (MARAM)

    The MARAM is the central tool used in Victoria for family violence risk assessment. It contains contextual information about family violence, including intersectionality, impacts, and risk factors. It provides judicial officers with the information required to make modern and evidence-informed risk assessments in family violence cases. This resource page includes practice guides and resources, including short training videos, to support understanding of the MARAM framework.
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    Family Violence Risk Factors

    This document collates the risk factors identified in the Multi-Agency Risk Assessment Framework (MARAM) and identifies those which are associated with an increased risk of the affected family member being killed or almost killed, and those where the evidence base is still emerging.
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    Recognising and Responding to Coercive Control

    This video produced by the Australasian Institute of Judicial Administration in collaboration with Professor Heather Douglas and Ms Greta Robenstone features judicial officers discussing how to recognise coercive control and respond effectively to these risks.
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    Family Violence Risk Factors for Diverse Communities

    Different aspects of a person’s identity can expose them to compounding risks of family violence. This document collates risk factors for diverse communities.
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    Pathways to intimate partner homicide

    This fact sheet series explores three offender trajectories to intimate partner homicide identified in a recent research study conducted by the Australian Institute of Criminology and commissioned by Australia’s National Research Organisation for Women’s Safety Limited (ANROWS).
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    Improving prevention of intimate partner homicide

    This research project aims to provide new evidence to improve preventive strategies for repeat violence and intimate partner homicide, focusing on effective interventions between the first signs of family violence and fatal outcomes.
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There have been significant amendments to the Family Violence Protection Act 2008 since it was first enacted. The following guides assist in understanding these amendments:

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    Family Violence Protection Amendment Act 2017 Guide

    This guide examines the first set of 2017 amendments, which adjusted the obligation to explain the order in court, changed the standard for protecting children who are not applicants, expanded the provisions on alternative service and allowed the use of pre-recorded evidence.
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    Family Violence Protection Amendment (Information Sharing) Act 2017 Guide

    This guide explains the implementation of the Family Violence Information Sharing regime from Part 5A of the Family Violence Protection Act 2008.
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    Family Law Amendment (Family Violence and Other Measures) Act 2018 Guide

    This guide explains the Commonwealth changes to the Family Law Act 1975 which affects State-based family violence proceedings. It clarifies the jurisdiction of State courts to exercise family law jurisdiction, simplified the law relating to State courts making interim variations to existing parenting and other orders and adjusted the summary dismissal provisions.
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These checklists set out key steps in the family violence intervention order process, and ensure judicial officers have complied with all legislative requirements.

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    Interim Hearing Checklist

    This checklist provide a step-by-step guide to making interim orders, including mandatory considerations in relation to protecting children.
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    Mention Date Checklist

    This checklist identifies the questions a judicial officer should consider on a mention date, and identifies the need to consider issues of service, substituted service and consent orders.
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    Final Hearing Checklist

    This checklist outlines the matters a court must consider on a final hearing, and the tests which must be satisfied before making a family violence intervention order.
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    Mandatory Considerations Checklist

    This checklist identifies certain mandatory considerations in relation to certain intervention order conditions, including firearms, exclusion, protection of children and inconsistency with other orders.
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    Variations, Revocations and Extensions Checklist

    This checklist provides a step-by-step guide to making variations, revocations and extensions.
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    Prescriptive Requirements and Limitations Checklist

    This checklist identifies preconditions on the exercise of certain powers, or matters that a court must investigate when hearing family violence intervention order proceedings.
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    Risk Indicators of Family Violence for Bail Decision Makers

    This document summarises judicial and academic commentary on factors that show when there is a family violence risk for consideration, as required by Bail Act 1977 s 5AAAA.
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    Victims and witnesses.

    Understanding the diverse experiences, characteristics and needs of victims and witnesses, and reconciling these with legal and professional requirements, can assist in working with victims and witnesses in your courtroom.
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    Victims of Crime in the Courtroom: A Guide for Judicial Officers

    Published in 2019 and updated in 2023, this comprehensive guide for judicial officers and court staff provides information on how to limit the potential for the court experience to re-traumatise victims, witnesses and complainants without compromising the integrity of the tribunal process.
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