Family Violence Orders

Under the Family Law Act 1975, family violence is defined 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’ as well as behaviour that causes a child to hear, observe, or otherwise experience family violence.  Family violence includes behaviours such as:

• Assault (physical, sexual, or otherwise);

• Stalking;

• Repeated or continuous disparaging taunts;

• Intentional destruction of property;

• Intentionally injuring or causing the death of an animal;  

• Unreasonably denying a family member financial independence;

• Unreasonably withholding from a family member the financial support they require to fulfil their living expenses;

• Isolating a family member from their family, friends or culture; or

• Unlawfully depriving a family member or their family of their freedom.

There is growing awareness and recognition by the Courts of what behaviours constitute family violence and the long-lasting impact that it can have on affected persons, including both adults and children. The ACT Magistrates Court and the Family Law Courts have the power to issue Orders in favour of affected persons to prevent further experiences of family violence.

Orders made by the ACT Magistrates Court can prohibit a parent from engaging in abusive or harassing behaviour, coming within a certain distance from another parent, or contacting another parent, except in particular circumstances, such as facilitating changeovers or discussing the health and wellbeing of the children. Orders issued by the Family Law Act can make, vary, or suspend an interim family violence order, or restrain a parent from engaging in family violence against another parent or a child.

At Robinson + McGuinness Family Law, our solicitors are adept at navigating both court systems and can advise you through each stage of the process.

If you require specialist advice about family violence orders and your options, please contact us to make an appointment with our experienced team. You can contact Robinson + McGuinness to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or click the bleow button to get started today.