Family Violence (FV) or Domestic Violence (DV) is currently an important issue in Australia. Many people are realising they are being subjected to family violence and want it to stop. If you are one of those people or you are helping someone who is in this situation, the information below will help you answer the questions you may have.
What is family violence?
Family violence is more than simply physical violence. Family violence extends to coercive control, emotional, financial, sexual and psychological abuse.
A child is exposed to family violence if they hear, see, or experience the effects of family violence. Difficulties can arise when children are exposed to family violence, and we at West Coast Legal are affordable family lawyers who are experienced in helping clients facing family and domestic violence.
How can I protect myself from domestic and family violence?
You may apply at the Magistrates Court of WA for a Family Violence Restraining Order (‘FVRO’). The things the Court will take into consideration are:
- If the individual has committed an act of family violence against you and/or if they are likely to commit acts of family violence against you in the future; or
- You have a good reason to fear that the individual will commit acts of family violence against you.
West Coast Legal has affordable VRO lawyers who can assist you with your paperwork and represent you at your hearing.
What are some examples of family violence?
When we first think of violence, we think of physical violence. However, family violence is more than physical abuse. Family violence includes financial, emotional, and psychological abuse.
Some examples include:
- Stalking – both in person and online;
- Killing or even injuring a pet;
- Controlling finances;
- Stopping someone from seeing their family and/or friends;
- Sexual assault;
- Repeated insults, derogatory or betlitting statements;
- Depriving someone of their freedom;
- Sharing, or threatening to share, personal intimate photos
What is the difference between a VRO and a FVRO?
Family violence restraining orders (FVRO) and violence restraining orders (VRO) both operate to protect a person from the violence of another. The difference between the two is that a VRO will protect you from a person who you are not in a family relationship with, whereas a FVRO will protect you from someone in your family.
For example, if a neighbour, who is not a member of your family is threatening to harm you, you may apply for a VRO. If the neighbour is someone you have a family relationship with, for example a 3rd cousin, and they are threatening to harm you, you would apply for a FVRO instead.
Can my children be protected by a Family Violence Restraining Order?
Yes, the Court may choose to extend the Order, so the children are also protected. We recommend seeking legal advice if this is something you are seeking.
What is the process of getting a FVRO?
Once an application has been filed at the Magistrates Court, or online, there will be an initial hearing. This hearing is known as an ‘ex parte’ hearing, which means the respondent, or the person you wanted to be protected from, will not be present. At this initial hearing the Registrar will examine your application and decide if to issue an interim FVRO order. This interim order will be served upon the respondent. The respondent then has 21 days to object.
If they lodge an objection, a shuttle conference may occur. If an agreement cannot be reached at the shuttle conference, or no conference occurs, then a final order hearing will be scheduled. At this hearing the court will make a decision whether to grant a final family violence restraining order.
If they do not lodge an objection within 21 days, or they tell the Court they do not object, then the interim order becomes a final family violence restraining order.
If at any time during the proceedings, the respondent agrees to be bound by the interim order, the Court may decide to make a conduct agreement order (CAO).
Will I need to serve the interim order on the respondent?
No, the police will serve the interim order on the person you want to be protected from.
Will the respondent find out my address?
Whilst the Court will not give the respondent your address, it is important you do not say your address out loud during the interim hearing as the respondent can order a copy of the court transcript.
How much will it cost to get a FVRO?
It is free of charge to apply for a family violence restraining order. Whilst there is no charge for filing your application, you may incur costs whilst preparing for your final hearing. For example, you may pay for a lawyer, photocopying or for police/medical records to support your case.
We suggest you speak tous to find out more about legal costs for a violence restraining order.
What is a Family Violence Restraining Order (‘FVRO’) shuttle conference?
Usually, when an interim restraining order is issued, a final restraining order hearing will follow. A shuttle conference is an alternative method, organised by the Magistrates Court, to assist you of to reach an agreement about the matter. It is a form of mediation. These conferences avoid the stress and costs of going to court for a final order hearing. The way a shuttle conference works is that each person is taken to a separate room within the court, and an experienced staff member will run the conference. You do not come in contact with the other person. A shuttle conference will also resolve disputes much quicker than waiting for the final hearing.
If an agreement is reached at the shuttle conference, then you will not need to go to a trial. This saves a lot of cost, stress and time.
If you are the person applying for a family violence restraining order, you can tick a box on the application form to choose a shuttle conference. If you are the person responding to a family violence restraining order, and you object to it, you can tick if you agree to attend a shuttle conference as opposed to a court hearing.
It is best to speak to an experienced Perth family violence lawyer before making a decision about a shuttle conference, especially if there are strong allegations of family violence.
What is a Conduct Agreement Order?
If you are in the middle of family violence restraining order proceedings, and the respondent agrees to be bound by the terms of the order before the final hearing, the Court may grant a conduct agreement order (CAO). A CAO is agreed by consent and will usually contain the same terms as the restraining order.
When a respondent agrees to a CAO, this does not mean they are admitting to the allegations of family violence. There are many reasons why someone may agree to such an order, for example they may want to avoid the financial and emotional costs associated with a hearing, or they simply do not want to admit they committed the family violence alleged.
A CAO should not be viewed as a ‘get out of jail free’ card, as a CAO is still enforceable by the police and there can be serious consequences if breached.
Are FVRO’s and CAO’s a criminal charge?
No, family violence restraining orders and conduct agreement orders are not criminal charges. They will not appear on the respondent’s criminal record.
Is a beach of a FVRO or CAO a criminal offence?
Yes, whilst the orders themselves are not criminal charges, if someone were to breach a family violence restraining order or a conduct agreement order, then this would be a criminal offence. If they are arrested and charged with breaching the order, this will appear on their criminal record. If there is enough evidence, they could face a fine or even time in prison.
How long does a FVRO last?
A family violence restraining order that is made final will usually last for 2 years and will remain in place unless it is varied or cancelled.
Can I still be protected from someone when I am no longer in a relationship with?
Yes, you may apply for a FVRO against someone you are currently in a relationship with - or have been in the past. This applies to both de-facto relationships, as well as marriages. For example, you may apply for a FVRO against a former partner and even a former partner’s new partner.
What type of family members can I be protected from?
Family violence restraining orders do not only apply to your partner or spouse. FVRO’s also apply to:
- Siblings;
- Children;
- Parents;
- Grandparents;
- Step family;
- An ex partner or spouse; and
- The former partner or spouse of the other person’s current spouse or partner.
If I travel to another state in Australia, will I still be protected?
Yes, as long as the FVRO was made after 25 November 2017. This is due to the National Domestic Violence Order Scheme which stores information about FVRO’s so that police throughout Australia can recognise and enforce the orders.
Do I need to attend Family Dispute Resolution before filing in the Family Court?
Usually, the Family Court will not consider an application for child arrangements unless all parties have attended compulsory Family Dispute Resolution. Fortunately, you may seek an exemption from attending by completing a Family Dispute Resolution Exemption Form (Form NP1). If you are experiencing family violence, we recommend you seek legal advice before filing such form.
How do I bring allegations of Family Violence to the Family Court’s attention?
Whether you are applying for parenting orders, or responding to an application, you have the option to file an affidavit outlining allegations of family violence. This affidavit takes the form of a Notice of Child Abuse and Family Violence (or Risk) (Form 4).
Seek Legal Advice
West Coast Legal are affordable Australian domestic violence family lawyers in Perth who can assist you with your family law issues. We have supported clients all across Western Australia from Joondalup, to Claremont, Booragoon and even Busselton.
If you are considering applying for a Violence Restraining Order, or would like assistance or advice in relation to family violence, please call us on (08) 9325 3334 or email us at reception@westcoastlegal.com.au to arrange for a free 15 minute phone consultation.
