Conditions

  • Family Law Council and Family Law Section of the Law Council of Australia, ‘Best Practice Guidelines for Lawyers Doing Family Law Work’ (4th ed.) (2017).

    ‘5.1 Legislation in all states and territories provides for the immediate protection of victims of family abuse, usually by means of protection orders (terminology varies). Lawyers should check whether there are violence protection orders in place.

    5.2 Protection orders are intended to confer immediate protection on a client and should not be used to obtain an advantage in Family Court or Federal Circuit Court proceedings.

    5.3 Section 60CC(3)(k) of the Family Law Act provides that in considering the best interests of a child the court must consider any relevant inferences that can be drawn from a family violence order. Lawyers should be aware that the existence of a family violence order is not, in itself, evidence that family violence has occurred.

    5.4 Lawyers should consider advising clients as to the use of orders relating to the occupation of the home, and should consider the relative merits of state and territory legislation and the relevant provisions of the Family Law Act.’

    See also Part 10 which deals with family law injunctions.
  • Queensland Courts, Domestic violence videos (2016).

    ‘This series of videos explain the court process for domestic and family violence to provide [people] with the information [needed] to take part in the legal process’. Whilst these videos were developed in Queensland, they offer some general observations that may provide assistance for those in other jurisdictions. These videos include:

    • What is domestic and family violence?
    • What is a Domestic Violence Order?
    • How to apply for a Protection Order.
    • What happens in court?
    • What if I’m served?
    • Understanding the conditions of a Domestic Violence Order.