Family Violence Safety Planning in Victoria: What Legal Protections Are Available

Safety planning is the process of preparing practical and legal steps to reduce the risk of harm in a family violence situation. A safety plan is not a legal document, but it connects to and relies on the legal protections available under Victorian law. Understanding what those protections are, and how they can be incorporated into a safety plan, is important for anyone in or leaving a family violence situation.

This is general information only and is not legal advice for any specific matter.

What Safety Planning Involves

What is a family violence safety plan?

A safety plan is a practical document that identifies the risks present in a family violence situation and sets out specific steps to reduce those risks, including where to go in an emergency, how to contact help, what to take if leaving quickly, what the children's needs are, and who can provide support. A safety plan is developed in collaboration with a specialist family violence service and is tailored to the specific circumstances of the person and their family. It is not a legal document, but it is informed by the legal protections that are available.

How does a family violence intervention order relate to a safety plan?

A family violence intervention order is one of the central legal protections that a safety plan will rely on. The conditions of the order define what the respondent is prohibited from doing and the area and manner in which the protected person is protected. A safety plan incorporates the specific conditions of the order, including what to do if a condition is breached, how to report a breach to police, and what the immediate safety steps are if the respondent approaches in breach of the order. Understanding the specific conditions of the order is a prerequisite to incorporating it effectively into a safety plan.

Who develops a safety plan?

Safety plans are typically developed with the assistance of specialist family violence services, who have training in identifying risk factors and in developing practical plans tailored to the specific circumstances. Safe Steps Family Violence Response Centre can assist with safety planning 24 hours a day. Local specialist family violence services also provide safety planning support. A safety plan can be developed or updated at any stage, and should be reviewed whenever circumstances change.

Legal Protections in a Safety Plan

What legal protections should be incorporated into a safety plan?

Legal protections that are commonly incorporated into a safety plan include the current family violence intervention order and its specific conditions, contact details for police and the local police station, contact details for the family violence service providing support, knowledge of the nearest Magistrates Court and how to make an urgent application for an interim order, knowledge of the breach reporting process, and, where relevant, copies of parenting orders and how they interact with the intervention order. Having physical copies of key documents stored safely, including the intervention order, is also an important element of a safety plan.

What should happen if the intervention order is breached?

A breach of a family violence intervention order should be reported to Victoria Police immediately. The protected person should not attempt to deal with a breach directly or to negotiate with the respondent. Police have the power to arrest and charge a person for breach of an intervention order, which is a criminal offence. Keeping a record of the breach, including the date, time, and nature of the conduct, and preserving any electronic evidence, is important for the prosecution of the breach charge.

What if the respondent is not subject to an intervention order?

Where no intervention order is in place, the safety plan includes steps for applying urgently for an interim order. A FVIO can be applied for at any Magistrates Court and an interim order can be made on the day of the application. Victoria Police can also apply on behalf of the affected person and can take immediate action at the scene of a family violence incident. The safety plan should include the steps for accessing an intervention order urgently if the situation escalates.

Children and Safety Planning

How are children incorporated into a safety plan?

Where children are present in a family violence situation, the safety plan addresses their specific needs, including a plan for where they will go if an emergency evacuation is necessary, their school and childcare arrangements and who can collect them, contact details for their general practitioner and any other services they access, and the specific conditions of any intervention order that protect them. The safety plan should also address what to tell children about the safety plan in an age-appropriate way.

What if the children are subject to family law parenting orders?

Where family law parenting orders are in place, the safety plan must address how those orders interact with the family violence intervention order and what to do if compliance with the parenting orders creates a safety risk. Parenting orders and intervention orders can conflict, and legal advice about how to manage that conflict, and whether to seek a variation of the parenting orders, is important. The safety plan should not advise breaching parenting orders without legal advice, as that can have family law consequences.

Can a safety plan include plans for leaving the family home with children?

Yes. Preparing to leave the family home safely, including planning what to take for the children, where to go, and how to communicate with the children's school and other services, is an important part of a safety plan where children are involved. Where parenting orders are in place, the plan should account for the parenting arrangements and legal advice about any steps that might be taken before leaving is advisable to avoid inadvertently breaching parenting orders.

Practical Safety Planning Steps

What documents should be gathered as part of safety planning?

Important documents to gather or have copies of include: identification documents for the protected person and any children, including passports and birth certificates; Medicare card and health records; bank account details and access; the intervention order and any court orders; rental agreements or property documents; insurance documents; and contact details for key services and support persons. Storing copies of these documents safely, including at a trusted person's home or in a secure digital location, means they are accessible if leaving quickly.

What about digital safety in family violence situations?

Digital safety, including control of shared devices, social media accounts, and location sharing, is an increasingly important part of safety planning. Common steps include checking devices for tracking apps or software, changing passwords on all accounts, reviewing location sharing settings on phones and apps, and using a device the respondent does not know about for sensitive communications. Specialist family violence services can provide specific guidance on digital safety steps appropriate to the specific circumstances.

Who else should know about the safety plan?

Trusted support persons, including family members, close friends, and support workers, should be aware of relevant parts of the safety plan so that they can assist if needed. Employers, schools, and childcare services may also need to know about relevant elements, particularly any conditions of an intervention order that affect who can collect children from school or who is permitted to attend the workplace. The level of disclosure in each context should be considered carefully with the support of a specialist family violence service.

Selection of Counsel

What role does a lawyer play in safety planning?

A lawyer contributes to safety planning by advising on the legal protections available, the status and conditions of any current intervention order, the interaction between the intervention order and any other court orders, the steps available to obtain or strengthen legal protection, and the legal consequences of specific actions contemplated in the safety plan. Legal advice is one component of safety planning alongside the practical support provided by specialist family violence services.

When should legal advice be sought in connection with safety planning?

Legal advice should be part of the initial safety planning process, not something that waits until a crisis occurs. Knowing what the legal protections are, how to access them quickly, and what to do if they are breached is information that needs to be in place before it is urgently needed. Ongoing legal advice as the situation changes is also important.

Where can I access legal help for safety planning?

Victoria Legal Aid, community legal centres, and specialist family violence legal services all provide advice relevant to safety planning. Safe Steps Family Violence Response Centre can provide referrals to legal services alongside its crisis support function. Court support workers at the Magistrates Court can assist on the day of any court appearance. Engaging with these services as part of the safety planning process, rather than only in a crisis, produces the most effective outcome.

Selecting legal representation in family violence safety planning matters depends on the specific circumstances, the applicable legislation, and what stage the proceedings have reached. IVO Lawyers Melbourne is among the top Melbourne practices experienced in this area of law. Engaging a lawyer at the earliest stage, before any court appearance or formal step in the proceedings, is consistently the decision that most affects what options remain available.