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.
Jordan, Carol, Adam J Pritchard and Pamela Wilcox (2008) ‘The denial of emergency protection: Factors associated with court decision making’, Violence and Victims 23(5):603-16, doi: 10.1891/0886-6708.23.5.603
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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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Roberts, James C, Loreen Wolfer and Marie Mele (2008) ‘Why victims of intimate partner violence withdraw protection orders’, Journal of Family Violence 23(5):369-375.
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Stambe, R.-M., & Meyer, S. (2022). Police and Duty Lawyer Perceptions of Domestic Violence Protection Order Proceedings Involving Parents: Towards Greater System Accountability and Family-Centred Decision-Making. Journal of Family Violence. https://doi.org/10.1007/s10896-022-00449-8.
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Wangmann, Jane, ‘Gender and Intimate Partner Violence: A Case Study from NSW’ (2010) 33(3) University of New South Wales Law Journal 945.
Wilcox, Karen and Ludo McFerran, ‘Staying Home, Staying Safe: the Value of Domestic Violence Protection Order Provisions in Homelessness Strategies’ (2009) 294 Australian Law Reform Commission Journal 24.
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Key points:
•
Breach of a protection order attracts criminal penalties and the breach behaviour may also constitute an additional criminal offence and further penalties may be imposed.
•
Undertakings given to courts are not enforceable (although may be considered an act of contempt).
•
Mutual orders can minimise serious domestic and family violence by the predominant perpetrator as one party may be at greater risk of violence than the other.
Where a perpetrator breaches the conditions of an interim or final protection order, criminal penalties apply in all Australian state and territory jurisdictions. The breach behaviour may also constitute another criminal offence in the relevant jurisdiction (for example, assault or stalking) for which further criminal penalties may be imposed.
A breach of an undertaking given to the court is not enforceable (although it may be considered by the court an act of contempt), and should a person require protection in the event of further domestic and family violence, fresh application proceedings or an application to reinstate proceedings must be initiated. Mutual orders may have the effect of minimising or neutralising serious domestic and family violence by one party on the basis that both parties are considered to be at fault, notwithstanding that one party is likely to be at greater risk of violence than the other.
Key points:
•
Breach of a protection order attracts criminal penalties and the breach behaviour may also constitute an additional criminal offence and further penalties may be imposed.
•
Undertakings given to courts are not enforceable (although may be considered an act of contempt).
•
Mutual orders can minimise serious domestic and family violence by the predominant perpetrator as one party may be at greater risk of violence than the other.
Where a perpetrator breaches the conditions of an interim or final protection order, criminal penalties apply in all Australian state and territory jurisdictions. The breach behaviour may also constitute another criminal offence in the relevant jurisdiction (for example, assault or stalking) for which further criminal penalties may be imposed.
A breach of an undertaking given to the court is not enforceable (although it may be considered by the court an act of contempt), and should a person require protection in the event of further domestic and family violence, fresh application proceedings or an application to reinstate proceedings must be initiated. Mutual orders may have the effect of minimising or neutralising serious domestic and family violence by one party on the basis that both parties are considered to be at fault, notwithstanding that one party is likely to be at greater risk of violence than the other.