Domestic/Family Violence: Protection
There are many legal options available to families to provide protection against
domestic/family violence. The Intervention Order is one such method. This can be
obtained from the Magistrates’ Court or the Family Court (via a Family Violence
Order).
Magistrates’ Court. There are a number of options with
this type of protection. The Court Order can prevent another person from being within
a certain distance from where you reside or where you work. It’s also possible to
include in the Order that the person gives up any guns or firearms they might be
in possession of. This Order prevents another person from attacking, abusing or
defaming another person.
Family Court. Injunctions can be ordered. This essentially
provides permission for one of the parties to live in the couple’s home. It allows
use by one party only and can be valid for a certain period of time or indefinitely.
Violence, Parenting Orders and Dispute Resolution
Courts recognise the seriousness of the incidence of family violence. That is, a
history of family violence is taken into consideration when a Parenting Order is
made. Being that the child’s best interest is at the centre of the Order, any behaviour
that can impact upon the physical and emotional wellbeing of the child will feature
prominently.
Even though Family Dispute Resolution is compulsory for all parties involved, family
violence is justification for being excused from attending.
If there is a history of family violence and you are required to attend a proceeding,
Courts do offer a variety of security services. A protective service can be provided
during your Court visit. When a Conciliation Conference is required, participants
can sit in different rooms and video conferencing is available.
Obtaining an Intervention Order can help for those who are in danger. It’s important
that you consult the police immediately. They will offer advice and might be able
to help with acquiring an Order.
The Domestic Violence and Incest Resource Centre at www.dvirc.org.au is a helpful resource for those experiencing
family violence and are in need of information and support.
Other Services:
- Children's Issues
- Child Support
- De Facto & Domestic Relationships
- Financial Agreements
- Property Division
- Separation