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Victorian Government Amends Family Violence Orders & Stalking Laws Amid Growing Domestic Violence Concerns

By Enya Lucas – Trainee Solicitor

In response to recommendations from the Royal Commission, the Victorian Government is expected to reform Family Violence laws including the extension of Family Intervention Orders.

An Intervention Order (IVO) is an application which can be made by any person who believes that they require an order to protect them from harm from another individual.

This order can fall under two categories:

  1. Family Violence Intervention Order (FVIO) as per the Family Violence Protection Act 2008 (Vic)
  2. Personal Safety Intervention Order (PSIO) under the Personal Safety Intervention Orders Act 2019 (Vic)

Amid ongoing discussion surrounding domestic violence, Premier Jacinta Allen announced on Thursday 30 May that Intervention Orders and Stalking Laws will be amended as part of the Governments response to the pressing issue.

One of the suggested changes includes the ability of the Victorian Police to extend the current minimum length for Family Violence Intervention Orders. Currently, these orders typically last between 6 to 12 months with the victim needing to return to court if they wish to do so, at the end of this period. The Victorian Police and Courts will have the power to issue longer Family Violence Safety notices if they see fit. IVOs can pose as a significant burden on the Court’s time and resources. Additionally, they can have dire consequences for the respondents. If the Governments suggestion is implemented, the stress and trauma of Victims having to return to the justice system can be significantly reduced.

Additionally, Premier Jacinta Allen announced amendments to the current laws surrounding the Stalking Offence. However, the reform was initially proposed over 3 years ago, and new legislation will only be introduced into parliament in 2025.

Finally, new education programs will be trialled shortly in over 100 schools, with the hope to roll out 240 more. These programs implemented by the Government, hope to expand respect and equality amongst schools, teaching children how to navigate safely online, provide lessons on pornography, hate speech and address coercive control. These efforts aim to counter the vicious cycle of Family Violence and aims to “stop the violence before it starts.”

Kingston Lawyers are experts in IVOs and have successfully pursued favourable outcomes for both applicants and respondents.

If you wish to take out an IVO, or if you have the need to defend one, please call us on 9585 6455 or email us at any time at reception@kingstonlawyers.com.au to book an initial consultation today.

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