The Australian Institute of Health and Welfare reports that in 2017-18, the proportion of family law cases in which allegations of child abuse, family violence or risk of family violence was alleged rose to 30%.
There is a continuing growing awareness of family violence in the community, and recognition by the Courts of the impact that family violence can have on both parents and children following separation.
The Family Law Act 1975 defines family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful.
In the ACT, a person experiencing family violence can apply for a Family Violence Order in the ACT Magistrates Court. The Family Violence Act 2016 defines family violence to include physical violence or abuse, sexual violence or abuse, emotional or psychological abuse, economic abuse, threatening behaviour, coercion, or any behaviour that controls or dominates a family member and causes the family member to feel fear for the safety or wellbeing of the family member or another person.
Family violence also includes behaviour that causes a child to hear, witness or otherwise be exposed to family violence. There is extensive research on the impacts of family violence on children, which can potentially have long-lasting detrimental effects on their health and wellbeing, education and future relationships.
Both the family law courts and state and territory courts have the power to prohibit a person from engaging in family violence.
The ACT Magistrates Court can make orders in favour of affected persons, including adults and children. Such orders can prohibit one parent from coming within a specified distance of another parent, or engaging in abusive or harassing behaviour. Family violence orders can also prevent contact between parents, except in certain circumstances, such as when facilitating changeovers or discussing the welfare of children.
The family law courts can also exercise powers under the Family Law Act to make, vary, or suspend an interim family violence order, or restrain a parent from engaging in family violence against another parent.
If you require advice about family violence orders and how it can affect your family law matter, call us to make an appointment on (02) 6225 7040 or send us an email at info@rmfamilylaw.com.au