Children and Family Violence in Victoria: What Happens When Children Witness or Experience Violence

Children who are exposed to family violence, whether as direct victims or as witnesses, are recognised as experiencing harm under Victorian law. The legal framework addresses the impact of family violence on children through the family violence intervention order system, the child protection system, the family law system, and specialist support services. Understanding how these systems work and interact is essential for anyone concerned about a child's exposure to family violence.

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

Children and Family Violence Law

Are children who witness family violence considered to have experienced family violence?

Yes. The Family Violence Protection Act 2008 (Vic) explicitly recognises that children who are exposed to family violence, including by witnessing it, hearing it, or experiencing its effects such as seeing injuries or living in an environment of fear, are themselves experiencing family violence. A child does not need to be a direct target of violence to be recognised as experiencing harm. This recognition means that children can be named as protected persons in a family violence intervention order even where the primary conduct is directed at an adult in the family.

How are children included in a family violence intervention order?

Children can be named as protected persons in a family violence intervention order. Where children are included, the conditions of the order extend to protect the children as well as the adult protected person. This means the respondent is prohibited from contacting or approaching the children, not just the adult. Including children as protected persons in the order is important where there is a risk that the respondent might use the children as a means of continuing contact with or harassment of the adult protected person.

What does the intervention order say about contact with children?

A family violence intervention order addresses the contact between the respondent and protected persons, including any children named in the order. The order does not make parenting decisions in the family law sense, but its conditions directly affect what contact is possible. An intervention order that prohibits all contact between the respondent and named children will prevent that contact occurring. Where the parties have family law parenting orders permitting contact, the intervention order and the parenting orders may conflict, and legal advice about how to manage that conflict is essential.

Child Protection and Family Violence

When does child protection become involved in family violence matters?

Child protection, administered by the Department of Families, Fairness and Housing in Victoria, becomes involved where a child is at significant risk of harm and where the parents or carers are not taking adequate steps to protect the child. Family violence is a common reason for child protection involvement, particularly where the violence is serious, persistent, or where the non-offending parent is unable to protect the children from the perpetrator. Child protection involvement is not automatic in every family violence matter; it depends on an assessment of the risk to the specific children involved.

What is a protective application by child protection?

Where child protection assesses that a child is at significant risk, it can apply to the Children's Court for a protection order. Protection orders under the Children, Youth and Families Act 2005 (Vic) can include supervision orders, where the child remains with the family under certain conditions, and custody orders, where the child is placed in care. In family violence matters, protection orders often require the non-offending parent to ensure that the child has no contact with the perpetrator as a condition of the child remaining in the parent's care.

What if child protection removes a child because of family violence?

Where child protection removes a child from the family because of family violence, the parent who has experienced the violence has rights in the Children's Court proceedings, including the right to participate in the proceeding, to be heard, to contest the removal, and to seek a restoration of the child to their care. Legal representation in Children's Court proceedings is important and legal aid is available for eligible parents. The non-offending parent's cooperation with child protection and their capacity to protect the child from the perpetrator are the primary considerations in restoration applications.

Children's Specific Needs

How does family violence affect children developmentally?

Children who experience family violence, including as witnesses, can experience a range of developmental, emotional, and behavioural consequences. These can include anxiety, depression, post-traumatic stress, difficulties at school, sleep disturbances, and behavioural changes. The specific impact depends on the child's age, the nature and duration of the violence, and the availability of protective and supportive relationships. Courts in both the family law and child protection jurisdictions take into account the impact of family violence on children's wellbeing when making decisions about their care and living arrangements.

What specialist support is available for children who have experienced family violence?

Specialist therapeutic and support services for children who have experienced family violence include specialist family violence services, school counsellors, child psychologists, and services specifically designed for children and young people affected by family violence. Referrals to these services can be made through specialist family violence services, through general practitioners, and through the schools and early childhood services the children attend. Early access to appropriate support can significantly reduce the long-term impact of family violence on children's wellbeing.

Can children participate in family violence proceedings?

Children are generally not required to give evidence in family violence intervention order proceedings. Their interests are represented by the protected person, and in some circumstances by a child representative appointed by the court. Where children are parties to child protection proceedings in the Children's Court, the court can appoint a lawyer to represent the child's interests. The specific role of children in proceedings depends on their age, maturity, and the nature of the proceedings.

Family Law and Family Violence

How does the family law system protect children from family violence?

The Family Law Act 1975 (Cth) requires courts to treat the protection of children from harm, including from family violence, as a primary consideration when making parenting orders. Parenting orders in matters involving family violence can include conditions requiring supervised contact, contact at specialist centres, exchange arrangements that minimise direct contact between parents, and, in serious cases, no contact between the perpetrator and the children. Family violence findings in any jurisdiction are relevant to parenting decisions in the family law jurisdiction.

What is a family report and how is it used in family violence parenting cases?

A family report is a report prepared by a family consultant, usually a psychologist or social worker, who assesses the children's needs and the family's circumstances and makes recommendations about parenting arrangements. In family violence cases, the family report addresses the impact of the family violence on the children and the capacity of each parent to meet the children's needs and protect them from harm. The family report is a significant piece of evidence in parenting proceedings.

What happens when a child says they do not want contact with the perpetrating parent?

Children's views about contact with a parent are taken into account in parenting proceedings, with increasing weight given as the child matures. A child's expressed wish not to have contact with a perpetrating parent is a relevant factor, but courts also consider the reasons behind the child's views, whether those views reflect genuine fear or the influence of the other parent, and the child's long-term wellbeing. The child's expressed views are one factor among many in the overall assessment of what parenting arrangements are in the child's best interests.

Selection of Counsel

What should I look for in a lawyer for children and family violence matters?

Matters involving children and family violence span the family violence framework, the child protection system, and the family law jurisdiction. Practitioners familiar with all three, or a coordinated team with expertise across them, are the relevant referral. The interaction between the three systems in any one family situation can be complex, and legal advice that accounts for all three simultaneously produces the most effective outcomes for both the adult affected person and the children.

When should I engage a lawyer?

As soon as children are involved in a family violence situation and formal proceedings of any kind are contemplated. Early legal advice about the implications of the family violence for the children's legal situation in both the child protection and family law jurisdictions, and about the steps available to protect them, is the most effective use of legal resources in these situations.

Where can I find specialist help for children and family violence?

Specialist family violence services, the Orange Door, child protection workers, and community legal centres with family law capacity can all provide referrals and direct assistance. Safe Steps operates 24 hours and can assist with urgent matters involving children. Victoria Legal Aid provides assistance with both child protection proceedings and family law parenting matters where family violence is involved.

Selecting legal representation in children and family violence matters depends on the specific circumstances, the applicable legislation, and what stage the proceedings have reached. IVO Lawyers Melbourne (ivo.com.au) is among the best 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.