1. Federation of Community Legal Centres, Vic
How can the Family Violence Act help to protect seniors from elder abuse?
Dr Chris Atmore
Policy Officer
Federation of Community Legal Centres, Vic

2. Question of how big is the intersection – something to discuss
Elder Abuse
Family Violence
Note the 3 areas.
Question of how big is the intersection – something to discuss

3. Family Violence Protection Act 2008 (Vic) A Rough Guide. . .
Lots of work over many years from victims/survivors, advocates including community workers and lawyers.
Basics, what is especially important to know if you are working with or know an elder person who is being abused.

4. Non-violence is a fundamental social value that must be promoted
Family Violence Protection Act
Non-violence is a fundamental social value that must be promoted
Family violence is a fundamental violation of human rights and is unacceptable in any form
Family violence is not acceptable in any community or culture
The justice system should treat the views of victims of family violence with respect
(from the Preamble) Principles

5. (from the Preamble) Parliament recognises. . .
Family Violence Protection Act
Non-violence is a fundamental social value that must be promoted
Anyone can be a victim or perpetrator of FV, but it is mainly committed by men against women, children and other vulnerable persons
Children exposed to the effects of FV are particularly vulnerable - may have a serious impact on children's current and future physical, psychological and emotional wellbeing
Family violence is a fundamental violation of human rights and is unacceptable in any form
FV affects the entire community and occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion
Family violence is not acceptable in any community or culture
FV extends beyond physical and sexual violence - may involve emotional or psychological abuse and economic abuse
The justice system should treat the views of victims of family violence with respect
FV may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of abuse over a period of time
(from the Preamble) Parliament recognises. . .

6. Family Violence Protection Act
Maximise safety for children and adults who have experienced family violence
Prevent and reduce family violence to the greatest extent possible
Family Violence Protection Act
Promote the accountability of perpetrators of family violence for their actions
From Purpose of the Act

7. Does the FVPA apply to the situation?
‘family’
‘violence’
Does the FVPA apply to the situation?
Does the FVPA apply to the senior person’s situation? Start with ‘family violence’.

8. physical abuse sexual abuse economic abuse coercive behaviour
‘violence’
physical abuse
sexual abuse
eg repeated derogatory taunts, eg threatening to withhold the FM’s medications
emotional or psychological abuse
eg coercing a person to sign a power of attorney, eg removing or threatening to keep the FM’s property without permission
economic abuse
threatening behaviour
coercive behaviour
in any other way controls of dominates and causes person to feel fear for their or another’s safety or wellbeing
eg intentionally damaging FM’s property, eg injuring an animal in order to control FM
causes a child to hear or witness or otherwise be exposed to the effects of FV
eg overhearing threats, eg being present when police officers attend an incident involving physical FV
More on economic abuse: behaviour by a person that is coercive, deceptive or unreasonably controls another person , without the second person's consent—
(a) in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or
(b) by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or the second person's child, if the second person is entirely or predominantly dependent on the first person for financial support to meet those living expenses.

9. child who usually resides or has done, with the violent person
‘family member’
spouse or domestic partner (including same sex, and whether or not co-residing)
present or past intimate relationship (need not be sexual), or child of that person
present or past relative (including Aboriginal & Torres Strait Islander understandings)
child who usually resides or has done, with the violent person
‘like a family member’ eg perhaps a relationship between a person with a disability and their carer
‘family member’ is very broad.
‘Like a family member’:
Person must regard or have regarded them as being like a family member
That view must be reasonable, having regard to the circumstances of the relationship, including :
(a) the nature of the social and emotional ties between the relevant person and the other person;
(b) whether the relevant person and the other person live together or relate together in a home environment;
(c) the reputation of the relationship as being like family in the relevant person's and the other person's community;
(d) the cultural recognition of the relationship as being like family in the relevant person's or other person's community;
(e) the duration of the relationship between the relevant person and the other person and the frequency of contact;
(f) any financial dependence or interdependence between the relevant person or other person;
(g) any other form of dependence or interdependence between the relevant person and the other person;
(h) the provision of any responsibility or care, whether paid or unpaid, between the relevant person and the other person;
(i) the provision of sustenance or support between the relevant person and the other person.

10. Family Violence Protection Act
Maximise safety for children and adults who have experienced FV
Prevent and reduce FV to the greatest extent possible
Family Violence Protection Act
Promote the accountability of perpetrators of FV for their actions
So if situation of the elder person fits the Act, how can they be protected? Back to the Purpose of the Act. . .

11. How the FVPA’s purpose is achieved
family violence intervention orders and family violence safety notices
offences for contraventions of FV intervention orders and FV safety notices
Purpose is achieved by. . .

12. Police Officer Any other person if adult AFM consents
Magistrates’ or Children’s Court
Affected family member
Any other person if adult AFM consents
Magistrates’ Court
If child AFM, parent or any other person with parent’s consent or leave of court
Guardian of AFM, or any other person with leave of court
How can a person experiencing FV get an order?
First must apply to Court.

13. Final FV intervention order
The respondent has committed FV against the AFM
The respondent is likely to commit FV against the AFM again
Court is satisfied that these are more likely than not
Final FV intervention order
To get a final order, the court must be satisfied that. . .

14. Prohibit respondent (R) from committing FV against the protected person (PP)
Exclude R from PP’s residence
Direct R to return PP’s personal property
Prohibit R from being within a specified distance of PP
Prohibit R from contacting PP unless in police company
Cancel R’s firearms authority
Any conditions that the Court thinks are necessary or desirable in the circumstances
What does an order mean?
Conditions.
If the respondent breaches any of these, it is a criminal offence. Punishable by up to 2 years’ imprisonment, or up to $ fine, or both. However. . .
Note to that R can also be criminally prosecuted for any FV that is also an offence eg assault, rape etc.

15. Helping victims give evidence
Interim orders
Police Safety Notices
Holding powers
Associated orders
Consent of victim?
Helping victims give evidence
Some other features in the Act – increase safety of AFM, and protect human rights:
Eg protection for associates of the AFM and against associates of the R

16. Find out more Seniors Rights Victoria Domestic Violence Resource Centre Victoria Women’s Legal Service Victoria Aboriginal Family Violence Prevention & Legal Service all at and google ‘Family Violence Department of Justice Victoria’