Predominant aggressor

The predominant aggressor is a person using violence, coercion or controlling behaviours in a family violence situation. They use these behaviours to control, dominate or cause fear in their family member.

About predominant aggressor behaviours

Abusive behaviours used by a predominant aggressor can include:

• physical and sexual violence
• coercive control
• threats
• intimidation
• emotional abuse
• stalking
• isolation.

Victim survivors or affected family members (AFM) are most in need of protection from these behaviours.

On this page, the terms 'affected family member', 'victim' and 'victim survivor' mean the same thing.

Why identifying the predominant aggressor is important

Identifying the predominant aggressor is important to:

• keep victims safe
• hold perpetrators accountable.

Our decision impacts the referrals to support services that the people involved in the family violence incident will receive.

It also informs and impacts the pathway the people involved will follow through the justice system.

Identifying the predominant aggressor

At every family violence incident, police are required to identify:

• the predominant aggressor
• the victim survivors, including any children.

We will ask questions and use available information to help us identify the predominant aggressor.

How we identify the predominant aggressor

We use professional judgement and consider a range of factors to help us decide who the predominant aggressor is. Key assessment factors include:

• history of family violence
• context of the current family violence incident (‘why’ the incident has happened).
• extent of harm, including any injuries either person has sustained
• likelihood or capacity of each person to inflict future harm and injury
• likelihood that one person has acted in self-defence or violent resistance (in anticipation or expectation of violence)
• which person is most in need of protection
• which person is more fearful
• relationship dynamics, including patterns of:
  • controlling behaviour
  • coercion
  • intimidation
• each person’s history of family violence with other family members (including previous partners).

We have a responsibility to investigate all reports of crime. These include family violence related criminal offending, even if the alleged or suspected offender is also an AFM.

We are supported to correctly identify the predominant aggressor through policy, guidance and training.

Misidentification of the predominant aggressor

Misidentification happens when police wrongly identify the predominant aggressor.

This means the person being harmed most (AFM) is mistaken for the person who is using family violence (predominant aggressor).

Notifying Victoria Police of suspected misidentification

To notify police of suspected misidentification, please use the pathways outlined below.

Agency or services notifications

You should submit your notification in writing via email. Please note station emails are not live monitored.

The notification should include:

• reasons you suspect misidentification has occurred
• any supporting documentation, including risk assessments or other relevant material.

If you belong to the below services and believe someone has been wrongly identified as the predominant aggressor, let us know.

Individual notifications

If you believe you have been misidentified by police, please contact your local Family Violence Liaison Officer (FVLO) or station supervisor at your local police station. This can be by phone or via email.

If you do not feel comfortable engaging directly with police, please connect with a family violence support service and/or legal support service.

Review of the initial predominant aggressor

A review of the initial predominant aggressor determination can involve:

• speaking with relevant internal parties, such as:
  • the responding police
  • other supervisors, or
  • a police prosecutor
• speaking with relevant external agencies, support services or legal representatives or other agencies
• reviewing internal Victoria Police information
• seeking further information such as speaking with any additional witnesses.

The police supervisor leading the review will let you know the outcome of your notification in writing.

What happens if a review finds misidentification occurred?

If police find that misidentification has occurred, we will consider how to correct the misidentification.

The specific action to correct the misidentification will depend on the circumstances of each case, but may include:

• updating police records and submitting new referrals for support for those involved
• correcting intervention orders:
  • withdrawing intervention order applications against the person re-identified as the AFM
  • applying for a new intervention order to protect the person re-identified as the AFM
• reconsidering the appropriateness of proceeding with any criminal charges against the person re-identified as the AFM
• reviewing and implementing appropriate risk management strategies, such as safety planning and engagement with specialist family violence services

We will communicate the outcome of the review by:

• engaging with the AFM and predominant aggressor and notifying them of the outcome actions (where it is safe to do so)
• sharing updated information with other agencies and support services, including making any mandatory notifications to Child Protection.