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.
At the centre of the wheel is 'POWER AND CONTROL'. The word 'VIOLENCE' is accompanied by the words 'PHYSICAL' and 'SEXUAL' on the outer rim. These terms on the rim of the circle demonstrate how power and control can be forced in an explicit way through sexual and physical means. The circle is divided into sections, demonstrating other ways power and control is wrongfully pervaded. The sections display clockwise:
Using intimidation – Making her afraid by using looks, actions, gestures; smashing things; destroying her property; abusing pets; displaying weapons.
Using emotional abuse – Putting her down; making her feel bad about herself; calling her names; making her think she's crazy; playing mind games; humiliating her; making her feel guilty.
Using isolation – Controlling what she does, who she sees and talks to, what she reads, where she goes; limiting her outside involvement; using jealousy to justify actions.
Minimizing, denying & blaming – Making light of the abuse and not taking her concerns about it seriously; saying the abuse didn't happen; shifting responsibility for abusive behaviour; saying she caused it.
Using children – Making her feel guilty about the children; using the children to relay messages; using the visitation to harass her; threatening to take the children away.
Using male privilege – Treating her like a servant; making all the big decisions; acting like the 'master of the castle'; being the one to define men's and women's roles.
Using economic abuse – Preventing her from getting or keeping a job; making her ask for money; giving her an allowance; taking her money; not letting her know about or have access to family income.
Using coercion and threats – Making and/or carrying out threats to do something to hurt her; threatening to leave her, to commit suicide, to report her to welfare; making her drop charges; making her do illegal things.
At the centre of the wheel is 'EQUALITY'. The word 'NONVIOLENCE' is on the outer rim of the circle. In between, it is broken into sections signifying the linking components that lead to a non-violent and equal relationship. These sections display clockwise:
Non-threatening behaviour – Talking and acting so that she feels safe and comfortable expressing herself and doing things.
Respect – Listening to her non-judgementally; being emotionally affirming and understanding; valuing opinion.
Trust and support – Supporting her goals in life; respecting her right to her own feeling, friends, activities and opinions.
Honesty and accountability – Accepting responsibility for self; acknowledging past use of violence; admitting being wrong; communicating openly and truthfully.
Responsible parenting – Sharing parental responsibilities; being a positive non-violent role model for the children.
Shared responsibilities – Mutually agreeing on a fair distribution of work; making family decisions together.
Economic partnership – Making money decisions together; making sure both partners benefit from financial arrangements.
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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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.
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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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).
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 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.
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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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.