Understanding the Provisions and Protections of the Family Violence Act 2016

Have you been accused of domestic abuse? Perhaps you have been served with a family violence protection order? Contact the experienced AVO lawyers at Andrew Byrnes Law Group to learn what your options are.

Due to the incessant risk and safety concerns associated with family violence in Australia, the Australian Capital Territory passed the Family Violence Act 2016 with the goal that such cases will be minimised. 

In this article, we will discuss the particulars of the Family Violence Act 2016, how to apply for it, and the provisions and protection orders under it.

What is the Main Theme of the Family Violence Act 2016?

The Family Violence Act 2016 in the Australian Capital Territory refers to the government's legislative solution to family violence (FV) issues. The main subject of the Family Violence Act is to protect people from family violence, and for other purposes.

Has Law Reform Achieved its Primary Aims?

Although the Act aimed to improve protection for persons who experienced or are experiencing family violence, it is yet unclear whether the amendments are working as intended.

In a journal contribution entitled "Professional Stakeholders’ Views of the Family Violence Act 2016 (ACT): Has Law Reform Achieved Its Primary Aims?" written by Patricia Easteal and other authors, the paper shows that, while law reform has been made, there are still issues with the ambiguity of provisions, the scope of the people and abusive behaviours protected under the Act, the lack of police enforcement, information-sharing and inter-agency communication, and adequate resourcing.

This was done through interviews with a variety of professional stakeholders working at the forefront of FV issues.

What is the Law Against Domestic Violence in Australia?

The Family Violence Act 2016 covers some forms of domestic abuse particularly its provisions for restraining orders to safeguard partners or children who are in danger, suffering, or experiencing any type of domestic abuse in Australia.

Under this act, court orders known as injunctions, compel a party to refrain from performing specific tasks. These domestic and family violence orders are administered to safeguard a spouse or children, to limit who can occupy a family's home, or to prevent a party from entering a location of business or education.

Effect of Domestic and Family Violence Orders Interstate

FV orders issued by any Australian state or territory have been enforced in Australia starting November 25, 2017. On the other hand, orders issued prior to November 25, 2017 are designated as "National Domestic Violence Orders."

Currently, there have been no changes to the state and territorial legislation in place to protect victims and impacted family members from domestic abuse. However, police enforcement of conditions will be made regardless of where the DVO was issued.

Applying for an FVO

If you are a family member who has experienced or is experiencing FV abusive behaviours from another family member within your household, you have the legal right to apply for a protection order in the Australian Capital Territory Magistrates Court with the assistance of the court's free Legal Aid service, your own attorney, or both.



Family Violence Order Application Process

Step 1 - Complete the Application Forms

Hard copies of the forms are available at the Registry Counters inside the main foyer of the ACT Magistrates Court.

The three forms that must be completed are as follows:

• ACT Magistrates Court Form for FVO
• ACT Magistrates Court Notice of Address for Service
• ACT Magistrates Court Form Private and Confidential

Step 2 - File the Application

All three forms must be submitted to The ACT Magistrates Court's Registry Counter which is located within the main lobby. Since these forms contain sensitive information, they can't be submitted online.

If the victim wants the application to be heard on the same day, all documents must be turned in by 11.30am.



Step 3 - Attend the Interim Hearing

During the interim hearing, the victim must appear before the registrar and explain the nature of the case and the need for an injunction. He/she will be required to appear in court when called, with the opportunity to bring a support person if needed.



Step 4 - Judgment

After your explanation, the Registrar will decide whether the affected person will be given a protection order or not.



Step 5 - If Issued

If issued with a protection order, the applicant and the respondent will be given a date to attend a "Return Conference".

A mediator will endeavor to get the applicant and responder to agree on the order's terms. If successful, the order will be made final. However, if no agreement was reached, the mediator will list the matter for hearing so that it can be heard in front of a Magistrate. Expect that the hearings will last for eight weeks or longer after the Return Conference.



Step 6 - Interim Order

The police officers will then serve the respondent with a copy of the application and the interim order after receiving it from the court.

The interim order is only in force after it has been served on the respondent. Thus, the applicant will get an SMS to confirm service after the order is served.



Can Technology-Facilitated Stalking and Abuse be a Form of Domestic Violence?

Contrary to the traditional form of abuse that we see in households, family violence can also take form in technology-facilitated stalking and abuse.

Over the years that technology advancements have gone too far, technology-facilitated violence and abuse have also rapidly increased.

Since technology today is easily accessible and available almost everywhere, abusers have greater access to new tactics and instruments to track, harass, and abuse their victims through the use of the internet, social media, mobile devices, and surveillance devices.



Conclusion

Being issued with a family violence protection order can really be frustrating, especially since it constitutes to a criminal offence. Not only will you be restricted from performing specific activities, but you can also face jail time.

If you are someone who is going through this, it is important to seek the assistance of a skilled and experienced criminal defence lawyer as soon as you can. Our criminal lawyers at Andrew Byrnes Law Group are experts in handling such cases. Whether you have been charged with an AVO, PPO, or FVO, we will do our best to defend you.