Police Powers in Family Violence Cases

Victoria Police possess extensive powers under the Family Violence Protection Act 2008 (Vic).  These powers include arresting offenders, issuing safety notices, removing individuals from homes, and seizing weapons or evidence. 

In Victoria, family violence is treated as a serious criminal matter. Victoria Police adhere to a comprehensive framework outlined in the Code of Practice for the Investigation of Family Violence, ensuring a consistent and victim-centered approach.

This article delves into the key police powers and procedures involved in family violence investigations, providing clarity for both victims and accused individuals.(police.vic.gov.au) 

Arresting the Alleged Offender 

Under the Family Violence Protection Act 2008, police have the authority to arrest an individual without a warrant if they believe the person has committed a family violence offence or breached a Family Violence Intervention Order (FVIO) or Family Violence Safety Notice (FVSN).

This power is crucial in preventing further harm and ensuring the safety of affected family members.(police.vic.gov.au) 

Issuing Family Violence Safety Notices (FVSNs) 

When immediate protection is necessary, police can issue a Family Violence Safety Notice. This notice serves as a temporary measure until a court can hear an application for a FVIO.

Conditions may include prohibiting the respondent from contacting or approaching the protected person, and excluding them from the family home.

Breaching a FVSN is a criminal offence and can lead to arrest and charges.(police.vic.gov.au, police.vic.gov.au) 

Applying for Family Violence Intervention Orders (FVIOs) 

Police can apply to the Magistrates' Court for a FVIO on behalf of a victim. These orders can impose various conditions to protect the victim, such as prohibiting the respondent from committing family violence, contacting the protected person, or attending certain locations.

Breaching a FVIO is a criminal offence.(police.vic.gov.au, police.vic.gov.au) 

Removing the Respondent from the Home 

Police have the power to direct a respondent to leave the family home if they believe it's necessary to ensure the safety of the affected family member. This can be enforced through a FVSN or FVIO that includes an exclusion condition.(police.vic.gov.au) 

Seizing Firearms and Weapons 

If police believe that a person poses a risk to the safety of a family member, they can search for and seize firearms, weapons, or other dangerous items. This is particularly relevant when a FVIO includes conditions related to firearms.

The court may also cancel the respondent's firearms licence and order the disposal of seized weapons.(police.vic.gov.au) 

Police Procedures in Family Violence Investigations 

Risk Assessment and Management 

Upon attending a family violence incident, police conduct a risk assessment using the Family Violence Report (FVR) and the Victoria Police Risk Assessment and Risk Management Report (VP Form L17).

These tools help identify the level of risk to the victim and inform appropriate responses, including referrals to support services.(police.vic.gov.au) 

Gathering Evidence 

Police are responsible for collecting evidence to support any criminal charges or applications for intervention orders. This may include taking photographs of injuries or damaged property, obtaining medical records, and recording statements from victims, witnesses, and the respondent.

In some cases, police may use Video and Audio Recorded Evidence (VARE) to capture the victim's statement.(police.vic.gov.au) 

Interviewing the Respondent 

The respondent may be interviewed by police as part of the investigation. They have the right to legal representation during this process. Depending on the evidence gathered, police may charge the respondent with criminal offences related to family violence.(police.vic.gov.au) 

Referrals to Support Services 

Police play a crucial role in connecting victims with support services. They can make referrals to specialist family violence services, counselling, legal assistance, and housing support. This holistic approach aims to address the immediate safety needs and longer-term wellbeing of victims. 

Understanding Your Rights and Responsibilities 

For individuals accused of family violence, understanding the legal processes and your rights is essential. You have the right to legal representation and to be informed of any orders or charges against you. Complying with police directions and court orders is crucial, as breaches can lead to further legal consequences. 

Need Legal Assistance? 

If you're involved in a family violence matter—whether as a victim seeking protection or as someone accused of an offence—it's vital to obtain legal advice tailored to your situation. 

Contact Pascoe Criminal Law Today 

Our experienced team specialises in family violence cases under Victorian law. We can guide you through the legal process, protect your rights, and work towards the best possible outcome. Visit our family violence offence lawyers page to learn more or contact us directly for a confidential consultation.