Family Violence Lawyers

We work with clients across Mount Eliza, the Mornington Peninsula and Melbourne's Bayside suburbs.

Do you need help right now?

• In immediate danger? Call 000.
• 1800RESPECT: Call 1800 737 732 for 24-hour support and counselling.
• safe steps: Call 1800 015 188 for Victoria’s statewide, 24-hour family violence crisis line.
• The Orange Door: Access free local family violence support without a referral by calling 1800 319 353. The Orange Door is located at 60-64 Wells St, Frankston VIC 3199. Get directions. 

You can also call Eliza Legal to discuss your legal options. Making an initial enquiry does not commit you to engaging our firm. If you are worried that someone monitors your phone or internet use, consider whether it is safe to contact us from your current device.

Our family violence lawyers provide compassionate, respectful support

Experiencing family violence of any form can be highly distressing, leaving you worried about your safety, your children, your finances and your future. Our family violence lawyers understand that you may want to leave but be concerned about what will happen if you seek help. It’s important to be aware that there is help available and you don’t have to work out everything on your own. 

At Eliza Legal, our Mornington Peninsula and Bayside family law team provide respectful and confidential support and legal guidance to individuals facing abuse or coercion in any form. Our experienced lawyers are here to prioritise your safety, help you understand your rights and assist with urgent protections such as intervention orders. We're committed to helping you take back control with practical legal solutions tailored to your situation.

We understand the many ways that family violence can affect your life

We work with families and individuals who are experiencing domestic and family violence, both in relationships, during divorce and separation, and after a relationship has ended. We know that family violence can take many forms - including physical, emotional, psychological, financial and sexual abuse.

It is defined as any behaviour within a family or intimate relationship that causes fear, harm, or control over another person. In Victoria, the law provides strong protections for individuals experiencing family violence, including the ability to seek intervention orders (previously known as restraining orders).

What family violence means under Victorian law 

Under section 5 of the Family Violence Protection Act 2008 (Vic), family violence includes behaviour by a person towards a person they are in an intimate relationship with (or previously have been), or a family member, that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive or threatening. This also includes behaviour that is coercive or controlling, or that causes a family member to fear for their safety or wellbeing.

This definition extends beyond physical harm. It can also cover patterns that undermine someone’s independence, restrict their choices or make them feel afraid, including any conduct directed at children or other people in the family.

Family violence is also separately defined under section 4AB of the Family Law Act 1975 (Cth). This definition applies for federal proceedings, including family law matters. 

What does family violence look like?

Family violence isn't always direct, loud or physical, but is often those things too. It may not be obvious to other people, and is often kept hidden. It may happen privately, develop gradually over time or begin after a relationship has ended. It may be directed at an intimate partner, or at children, and other family members or pets. It's important to get help as soon as you can.

Family violence includes:

• Physical contact and physical violence
• Emotional and psychological abuse, such as threats, manipulation, intimidation, or coercion that causes emotional distress
• Coercive control, which is a pattern of controlling behaviours designed to remove a person’s freedom and autonomy, such as monitoring someone or gaslighting them
• Financial abuse, including controlling access to financial resources, leaving the victim economically dependent or running up debt in their name.
• Sexual abuse, such as any non-consensual sexual act or behaviour.
• Social isolation, like preventing someone from having contact with friends, family, or the outside world.

These examples are not exhaustive, and behaviour can take different forms within the same relationship. The legal assessment depends on the relationship circumstances and the applicable legislation.

How we support people experiencing family violence

Seeking legal advice can help you to understand what protections may be available and how to address family violence in your life. At Eliza Legal, we take a compassionate and trauma-informed approach to family violence matters. Our goal is to understand your situation, protect your safety, and help you address complex legal processes with confidence.

We assist with:

• Intervention orders - We explain the process, advise on your options and can represent you in relevant proceedings 
• Parenting arrangements - Considering legal options when family violence affects parenting matters, and how to prioritise you and your children’s safety 
• Separation and divorce - Advising on legal issues involved in divorce and separation where family violence is a factor
• Property settlements and financial matters - Working with you to achieve fair outcomes when abuse or control affects property matters
• Safety planning - Guiding you through practical considerations alongside your legal options, and referring you to specialist support services where appropriate

If you’re experiencing family violence or need legal support, we’re here to help. You can seek advice about one issue or discuss several connected matters. Contact us today for confidential advice and guidance tailored to your situation.

Intervention orders - safety notices, interim orders and final orders 

In Victoria, there are different legal measures that can be used to address family violence, which we’ll look at below.

Family violence safety notice

A family violence safety notice is issued by Victoria Police, rather than by the court, and is made under section 24 of the Family Violence Protection Act 2008 (Vic). It serves as a temporary protective order, and stays active until a hearing in the Magistrates Court occurs, and a decision is made regarding having an intervention order put in place. Under section 31 of the Act, it is taken to be an application for an Intervention Order by the police on behalf of the person it protects. The notice sets out a court date and the conditions that apply.

Interim intervention orders

An interim intervention order is made in the Magistrates Court. It provides temporary protection while the court process continues and remains in place until it is replaced, varied or otherwise ends under the applicable legal process.

The conditions depend on the circumstances. They may restrict contact, prohibit particular behaviour or impose other requirements permitted by law.

Final intervention orders

A final intervention order is made in the Magistrates Court after considering the evidence and the legal requirements, and is called a Family Violence Intervention Order. Under section 74 of the Act, the court must be satisfied on the balance of probabilities that the respondent has committed family violence and is likely to do so again.

The order sets out the conditions that apply and the date it ends. The magistrate determines the end date in accordance with the law.

What happens if an intervention order is breached?

Breaching an intervention order is a criminal offence in Victoria. Under section 123 of the Act, the maximum penalty can include prison for up to two years.

If you believe an order has been breached or you are concerned about your immediate safety, seek appropriate assistance, or call 000 if you are in immediate danger.

Where your matter is heard

Family violence intervention order matters are heard in the Magistrates' Court of Victoria. Depending on where you live and the location of the matter, your proceedings may be listed at:

• Frankston Magistrates' Court, for matters involving Mount Eliza, Mornington and the Mornington Peninsula.
• Moorabbin Justice Centre, for matters involving Bayside and Mordialloc.

Your first court appearance is often called a first mention. The magistrate will consider the matter's current status, including whether an interim order is sought or in place, what the parties are asking the court to do and what needs to happen next. Depending on the circumstances, the matter may be adjourned or progress to a further hearing.

Having a lawyer can help you understand what to expect, prepare for the hearing and present your position. We can help you to understand your options and find a suitable lawyer or barrister to work with during court proceedings at either of these locations. Please get in touch to find out how we can help.

Family violence in parenting & property matters

Family violence can affect more than an intervention order application. It may also be relevant when a relationship ends and decisions need to be made about children, finances or property.

Parenting arrangements

When deciding parenting matters, the Federal Circuit and Family Court of Australia must consider the child's best interests. Under the family law framework that commenced on 6 May 2024, the court must consider arrangements that promote the safety of the child and people caring for the child, including safety from family violence.

The court must also consider any history of family violence, abuse or neglect involving the child or a person caring for them, as well as relevant family violence orders. There is no longer a presumption of equal shared parental responsibility. Decisions are made according to the applicable law and the child's individual circumstances. A history of family violence may be particularly important when considering safe arrangements for children and their parents.

You can learn more about our approach to parenting matters here.

Client journey: Protecting a mother and child through parenting proceedings

A mother came to us after separating from a partner whose behaviour had been coercive and controlling throughout the relationship. Her child had been exposed to family violence at home. On the surface, the father appeared to do everything right, which made the pattern of control harder for others to see.

What complicated it

Once parenting proceedings began, the father used the court process itself to put further pressure on our client. Each step became another source of stress, and she was worried that what she and her child had lived through would not be recognised.

How we helped

We focused on building a clear, well supported picture of what had been happening in the home and how it affected the child. We guided our client through every stage of the proceedings so she was never facing the process alone. We also made sure the court had the full context it needed to understand the risk to her and her child.

The outcome

With all of the evidence before the court, the matter was resolved by consent. The court was sympathetic to our client and her child, and the final arrangements put the child’s safety and wellbeing first.

What this shows

Coercive control is not always visible, and it can continue through the legal process itself. Experienced family lawyers who understand these dynamics, and know how to present them to the court, can make a real difference for a parent and their children.

Property settlements

Family violence can also be relevant to financial matters following separation. Economic abuse may involve controlling money, restricting access to financial information or interfering with someone's ability to work or make financial decisions. Family violence has been recognised in recent amendments to the Family Law Act 1975 (Cth), and is now a consideration during property settlement under section 79 (4)(CA). 

The effect on a property settlement depends on the evidence and the applicable law. If financial control or other family violence is part of your relationship history, it is important to explain this when seeking legal advice. Our property settlement lawyers can help you understand the financial issues arising from separation and how your circumstances may be considered.

Making a safety plan

A safety plan considers practical steps you may be able to take to reduce risk and access support. What is appropriate will depend on your circumstances, including whether you live with the person, have children or are preparing to leave the relationship.

A safety plan may cover:

• Who you can contact and where you can go if you feel unsafe.
• How to access essential items, identification documents, medication, money and important contact details.
• Arrangements for children, including safe collection and communication where relevant.
• How to protect your privacy and use devices or online accounts more safely.

At Eliza Legal, we can work through legal considerations that may form part of your plan and help you understand options such as intervention orders. Specialist family violence services can also provide practical safety support.

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