‘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.
An online resource with clear and comprehensive information about Apprehended Violence Orders in NSW, including:
Legal Aid ACT’s Domestic Violence and Personal Protection Order Unit offers a service to assist with:
The Commission provides services free of charge to assist with domestic violence matters, including:
‘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: