Improved protections for family violence victim-survivors welcome

We welcome changes to the law that better recognise the harms of misidentification and systems abuse on victim survivors of family violence.

This morning the Victorian Government introduced the Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Bill 2025 to the Victorian Parliament, which makes a range of changes to support victim-survivors.

‘We welcome improvements to family violence laws outlined in the Bill. Many of the proposed changes will have a meaningful impact on those who have experienced or are experiencing the harms of family violence,’ said Chief Executive Officer Toby Hemming.

'This includes changes that ensure young people can continue to have the protection of a family violence intervention order (FVIO) after they turn 18.

'We look forward to reviewing the Bill in more detail in the coming days.”

Earlier detection and prevention of misidentification

The Bill includes changes that require police officers and magistrates to consider key factors that increase the risk of incorrectly identifying victim survivors as the primary aggressor of family violence.

‘Misidentification of victim survivors can have devastating consequences, including being excluded from your home and separated from your children,’ said Executive Director Joanna Fletcher from our Family Youth and Children’s Law team.

‘We know through research and our daily work in courts that certain groups are much more likely to be misidentified. This includes women, particularly First Nations and culturally diverse women, members of the LGBTIQA+ community and people who live with disability and mental health issues.’

Under the changes, the law will require police and courts to consider age, race, sex, sexual orientation, gender identity and disability before making a FVIO or a family violence safety notice.

‘We support earlier detection of this issue and are hopeful this will lead to fewer cases of misidentification. To improve victim-survivor experiences we need to create clearer pathways to rectify misidentification including improving system wide data collection,’ Joanna said.

Continuing protections and increasing agency for children

We also welcome changes to stop young people automatically ‘ageing out’ of the protection of FVIOs.

‘Our young clients have told us they have different views about whether they still need the protection of an order when they turn 18 and the intensity of that protection. To support this change and to ensure the views of young people are heard, before they turn 18 children should be given information about their options to revoke, extend or vary an FVIO with support to get legal assistance,’ said Joanna.

Expanding the definition of family violence

It is important that the law recognises the wide range of behaviours that victim-survivors experience. We therefore support changes that widen the legislative definition of family violence to include systems abuse and the mistreatment of animals.

Media enquiries

For media enquiries, please contact Media, Communications and Engagement Manager Evan Schuurman at evan.schuurman@vla.vic.gov.au or 0447 831 606.