On 7 December 2008, the Victorian Government launched the "ENOUGH" campaign designed to raise awareness of Victoria's new family violence legislation and to encourage people who are experiencing violence to seek help.
As from 8 December 2008, the Family Violence Protection Act 2008 (Vic) ("the Act") sets out the law for dealing with family violence in Victoria.
Purpose of the New Laws
The new laws contain a number of requirements that Magistrates must adhere to when making decisions involving family violence. The intention is that the public can expect consistency in outcomes when matters involving family violence come before the Magistrates Court.
The Act contains a much wider purpose than was previously the case under Victorian law. The Act provides that the purpose of
the new law is to:
- Maximise safety for children and adults who have experienced family violence.
- Prevent and reduce family violence to the greatest extent possible.
- Promote the need for perpetrators of family violence to be accountable for their actions.
What is a Family Violence Intervention Order?
A Family Violence Intervention Order is an Order made by a Magistrate that imposes conditions on a perpetrator of family violence
restricting behaviour that causes another person to feel unsafe.
There are two types of Family Violence Intervention Orders - an Interim Order and a Final Order.
What is a Family Violence Safety Notice?
The new laws provide police with power to provide temporary, on the spot, after hours urgent protection for people.
The police can issue a Family Violence Safety Notice if there are no other Orders in place and the police decide that such a
Notice is necessary to ensure the safety of a person, preserve property or protect a child outside normal Court hours. This procedure
will be available for a two year trial period only, commencing 8 December 2008.
The new laws also give police powers to direct a person to remain at a particular place, go to another place or to remain in the company
of a police officer or other person. The police can only give such directions for a limited period of time. The police have power to arrest and detain a person if they refuse to comply with such a direction.
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