How does the family law system in Australia deal with cases of domestic violence?
Australian family law recognises the importance of protecting family members from violence and takes a zero-tolerance approach to family violence in all family law proceedings. The Family Law Act 1975 (the Act) outlines the legal framework for family law in Australia and includes provisions to ensure the safety and wellbeing of family members in cases of family violence. Section 4AB of the Act provides the definition of family violence and over time this definition has been expanded to incorporate notions of coercion and control.
Family and Domestic violence is taken very seriously, and there are legal remedies available to protect those who are affected. These include parenting orders, which outline arrangements for the care and upbringing of children, as well as intervention orders, like family violence intervention orders, apprehended violence orders (AVOs) or domestic violence orders (DVOs), which are court orders that restrict an individual’s behaviour towards another person and are enforceable Australia-wide, regardless of the state or territory that it has been issued in.
Parenting orders can be applied for to the Federal Circuit and Family Court of Australia, while intervention orders can be applied for by you, a police officer, lawyer, friend or family member and be applied for online, or filed with your nearest Magistrates Court. For more information about how to get an intervention/protection order in your state or territory see the below:
In cases of family violence, the court will take into account any evidence of violence or abuse when making these decisions. Child protection is particularly important in cases of family violence. If a child has been exposed to family violence, the court will consider the child’s safety and wellbeing as the primary concern. The court may order a family report to be prepared, which will provide information about the child’s relationships with both parents, as well as any concerns about family violence or other issues that may affect the child’s welfare.
When making decisions that impact a child, such as those that may be made when a couple separates, the best interests of the child are paramount, and to decide what is in the child’s best interest, two primary factors must be considered, one of which is that the child is protected from all kinds of harm. In instances where abuse and violent behaviour does exist, this may result in a child only being able to see a parent under supervised visits or a parent no longer having any contact or access to their child at all.
As each case is different, if family violence does exist in your relationship, if possible, it’s best to work with a family lawyer who can help you understand your legal options.