Australia
Attorney General Department (Cth) (2015) Family Law Council Report to the Attorney-General on Families with Complex Needs and the Intersection of the Family Law and Child Protection Systems: Interim Report – June 2015 (Terms 1 & 2).
Australian Law Reform Commission and New South Wales Law Reform Commission, Family Violence – A National Legal Response (ALRC Report 114) 2010.
Australian Law Reform Commission, Family Violence: Improving Legal Frameworks, Consultation Paper No 1 (2010).
Bryant, Diana, ‘The Family Courts and Family Violence’ (Paper presented at the Judicial Conference of Australia Colloquium, Adelaide, 9-11 October 2015).
Conner, Dana Harrington, ‘Civil Protection Order Duration: Proof, Procedural Issues and Policy Considerations’ (2015) 24:2 Temple Political and Civil Rights Law Review 343.
Cordier, Reinie, Donna Chung, Sarah Wilkes-Gillan and Renée Speyer, ‘The Effectiveness of Protection Orders in Reducing Recidivism in Domestic Violence: A Systematic Review and Meta-Analysis’ (2019) Trauma, Violence & Abuse (advance)
Croucher, Rosalind, ‘Family Law: Challenges for Responding to Family Violence in a Federal System’ in Alan Hayes and Daryl Higgins Families, Policy and the Law: Selected Essays on Contemporary Issues for Australia (Australian Institute of Family Studies, 2014) 207.
Douglas, Heather and Robin Fitzgerald, ‘Legal Processes and Gendered Violence: Cross-Applications for Domestic Violence Protection Orders’ (2013) 36(1) University of New South Wales Law Journal 56.
Dowling, Christopher, Anthony Morgan, Shann Hulme, Matthew Manning and Gabriel Wong, Protection orders for domestic violence: A systematic review (Australian Institute of Criminology Report No. 551 June 2018).
Fitzgerald ,Robin and Heather Douglas, The Whole Story: The Dilemma of the Domestic Violence Protection Order Narrative, The British Journal of Criminology, Volume 60, Issue 1, January 2020, Pages 180–197, https://doi.org/10.1093/bjc/azz043.
Gelb, Karen, ‘Understanding Family Violence Court Proceedings: The Impact of Family Violence on the Magistrates’ Court of Victoria’ (2016) Karen Gelb Consulting.
Jeffries, Samantha et al, ‘Protecting Australia’s Children: A Cross Jurisdictional Review of Domestic Violence Protection Order Legislation’ (2015) 22(6) Psychiatry, Psychology and Law, 800-813.
Jeffries, Samantha et al., ‘Australian Domestic Violence Protection Order Legislation: A Comparative Quantitative Content Analysis of Victim Safety Provisions’ (2013) 25(2) Current Issues in Criminal Justice 627.
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Mackay, Erin, Althea Gibson, Huette Lam, David Beecham, Perpetrator interventions in Australia: Part one – Literature review (ANROWS, 2015).
Meyer, Silke & Rose Stambe (2022) Increasing compliance with domestic violence protection orders: investing in perpetrator education and support as an investment in victim and family safety, Policing and Society, 32:9, 1071-1086, DOI:10.1080/10439463.2021.2016756
New South Wales Legislative Council Standing Committee on Social Issues, Domestic Violence Trends and Issues in NSW (Report 46, 2012).
Reeves, E. ‘I’m Not at All Protected and I Think Other Women Should Know That, That They’re Not Protected Either’: Victim–Survivors’ Experiences of ‘Misidentification’ in Victoria’s Family Violence System. (2021) 10 (4) International Journal for Crime, Justice and Social Democracy 39-51.
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Key points:
•
It may be important to include conditions in relation to access to property.
•
Conditions may be inconsistent with existing family court orders or be relied upon in future proceedings in relation to property matters.
•
Conditions may need to provide for a party to have or relinquish control of cameras and other electronic systems in relation to a property.
A protection order may provide that a party is excluded from a named residence or that the party is entitled to limited access to the residence to recover specified items of personal property, or may otherwise impose conditions about the parties’ property. In some cases, these conditions may be inconsistent with the terms of an existing property order made under the Family Law Act, or may be sought to be relied upon in support of a claim for ownership or possession of particular property in future property proceedings under the Family Law Act. Some jurisdictions require the consideration of the accommodation needs of victims and children. It may be important to consider whether orders need to provide for a party to have or relinquish control of cameras or other electronic systems in relation to a property which may be used to stalk, monitor or harass a party.
When determining the appropriate conditions of a protection order, a judicial officer should where possible inquire as to the existence and substance of any property orders made or pending under the Family Law Act. In making the protection order, the judicial officer should consider whether it is appropriate to expressly state in the order that the conditions do not alter or affect the parties’ ownership rights to any property and are subject to the terms of any property order made under the Family Law Act.
Key points:
•
It may be important to include conditions in relation to access to property.
•
Conditions may be inconsistent with existing family court orders or be relied upon in future proceedings in relation to property matters.
•
Conditions may need to provide for a party to have or relinquish control of cameras and other electronic systems in relation to a property.
A protection order may provide that a party is excluded from a named residence or that the party is entitled to limited access to the residence to recover specified items of personal property, or may otherwise impose conditions about the parties’ property. In some cases, these conditions may be inconsistent with the terms of an existing property order made under the Family Law Act, or may be sought to be relied upon in support of a claim for ownership or possession of particular property in future property proceedings under the Family Law Act. Some jurisdictions require the consideration of the accommodation needs of victims and children. It may be important to consider whether orders need to provide for a party to have or relinquish control of cameras or other electronic systems in relation to a property which may be used to stalk, monitor or harass a party.
When determining the appropriate conditions of a protection order, a judicial officer should where possible inquire as to the existence and substance of any property orders made or pending under the Family Law Act. In making the protection order, the judicial officer should consider whether it is appropriate to expressly state in the order that the conditions do not alter or affect the parties’ ownership rights to any property and are subject to the terms of any property order made under the Family Law Act.