Family Violence and Intervention Orders
Family violence is an extremely serious matter. If you have immediate concerns for your safety, or the safety of your children due to family violence, call 000 or contact your local police to seek a Safety Notice, providing temporary protection until a court order can be sought and obtained.
WHAT IS FAMILY VIOLENCE?
Under the Family Violence Protection Act 2008 (Vic), Family Violence is behaviour by a person towards a family member that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, controlling, dominating or inducing of fear. Importantly, causing a child to witness the perpetration of these behaviours also constitutes family violence.
Family violence spans various controlling behaviours, inducing fear, harm, intimidation, isolation, removing freedom of movement, and emotional deprivation within close interpersonal relationships, including spouses, partners, parents, children, and siblings, as well as in other significant relationships.
INTERVENTION ORDERS
Family Violence Intervention Orders are State Court Orders that prohibit family violence and restrict the conduct of a person being accused of perpetrating such behaviours. Rush Family Law help clients who wish to apply, or have applied, for Family Violence Intervention Orders including advice and representation at Court. We also act for clients who are defending an application brought against them by their former partner or the Police.
Intervention Orders can last for varying durations of time and may contain particular conditions that ensure the protected persons safety moving forward.
The person against whom the Order is made is referred to as the “Defendant”.
If the Police seek an Intervention Order on behalf of an individual and/or their children then the Police will be the “Applicant”.
If an individual seeks an Intervention on behalf of themselves and/or their children, they will then be referred to as the “Applicant”.
The individuals who benefit from the protection of an Intervention Order are referred to as ‘protected persons”.
An Intervention Order is a civil Order but a Defendant may be charged with criminal offences if they are found to have breached the conditions of the Intervention Order.
When served with an interim Intervention Order and/or Summons the defendant must attend Court when the matter is listed. If a defendant fails to attend Court then an Order may be made against them in their absence with unfavourable conditions and duration.
FAMILY VIOLENCE AND CHILDREN MATTERS
Abuse, concerning a child, encompasses sexual abuse, exploitation, inflicting serious psychological harm due to exposure to family violence, or severe neglect.
Situations in which a child may be exposed to family violence include overhearing threats or witnessing assaults within the family unit, providing aid to a family member after an assault, or being present during incidents involving police or ambulance attendance.
The protection of children from family violence, including exposure to family violence, is one of the legislative objectives in children’s matters. It is one of the primary considerations of the courts.
At Rush Family Law, our lawyers are aware of the wide-ranging impact of family violence in children’s matters. We can assist in applying for an Intervention Orders, putting in place protective measures for a child, and offer advice on navigating the impact of child abuse and family violence in family law proceedings.