New family violence laws in Victoria mean stronger protections for victim-survivors
6 February 2026
New laws target wrongful family violence intervention orders in Victoria
Laws passed overnight commit police and courts to making safer and fairer decisions for women and non-binary people experiencing family violence.
The Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Bill 2025 were shaped by the expertise of victim-survivor advocates, community legal centres and specialist services, including Women’s Legal Service Victoria.
Victoria's new Women's Safety Package
- Requires police and courts to consider the full context and pattern of family violence when they are issuing safety notices or finalising intervention orders.
- Expands the definition of family violence to systems abuse, stalking and mistreatment of pets, reflecting the real tactics used to control and harm.
- Prevents young people from ageing out of protection when they turn 18 and supporting continuity of safety.
- Sets a minimum age of 12 for children named as respondents on intervention orders.
“This is a big step towards a safer system for victim-survivors. Importantly, it demands greater accountability from police and courts to protect lives,” Women’s Legal CEO Claudia Fatone said.
“Victoria’s legal system must respect victim-survivors expertise in their own lives and support them with dignity at every point of contact.”
Ending wrongful family violence intervention orders (known as misidentification)
Ms Fatone said the clearer legal definitions, stronger safeguards and more consistent processes will have life-changing impacts for women and non-binary people experiencing family violence, especially those most at risk of discrimination.
“Right now, too many calls for help lead to punishment instead of safety, especially for those who are culturally and racially marginalised, Aboriginal and Torres Strait Islander, young people, LGBTIQA+ or living with disability.
“Misidentification has devastating consequences, including wrongful arrest or imprisonment, the removal of children, losing income and being denied access to housing and supports.
“These new laws mean police need to pause and look at the whole picture before issuing a family violence safety notice. It means asking whether someone acted out of fear or self-protection and recognising when the discrimination someone faces due to their age, disability, cultural background or identity might make them more likely to be wrongly blamed. This is how we stop misidentification and make sure victim-survivors who reach out for help in Victoria are met with safety, not further harm.
“At the moment, Magistrates have little ability to test police decisions unless a lawyer raises concerns. These reforms ensure all Magistrates can consider the full context of family violence, including history, fear and self‑protection, to reduce misidentification and improve safety.
“It’s progress – but the family violence crisis isn’t over and there is more work to be done. Police, courts and services need to continue to work together to deliver safe, trauma-informed and culturally appropriate responses so that victim-survivors are never retraumatised or harmed by the system they turn to for safety.”
Media enquiries: media@womenslegal.org.au