Protection Orders

Family Violence Protection

We are familiar and experienced with Protection Orders.

Whether you want to apply for a Protection Order or you have been served with one and want to defend it we can offer you expert advice.

More importantly are the implications that a Protection Order has when it comes to seeing your children. Call now for an appointment to discuss your position.

On 1 July 2019 the Family Violence Act 2018 came into effect  which repealed and replaced the Domestic Violence Act 1995.

Decision makers in the family violence system have been given better guidance on the impact and nature of family violence.

The following are new regulations and rules : Evidence (Family Violence) Amendment Regulations 2019,which amended the Evidence Regulations 2007.

These amendments now enable a Family Court Judge to request a copy of a video record of a child complainant, from the police, to the Family Court to allow; the parties (usually the parents) or their lawyers to view that video.

Domestic violence under the Family Violence Act 2018 is not just limited to Physical Violence.

The objective of the Family Violence Act  is to is to stop and prevent family violence. section 3 of the Act to recognising that domestic violence, in all its forms, is unacceptable behaviour, the purpose of the legislation is to stop and prevent perpetrators from inflicting family violence,  and to keep victims, including children, safe from family violence.

Under this Act violence includes physical, sexual and psychological abuse.

Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have  a  coercive or controlling feature.

Also, although some acts, when viewed in isolation, may appear to be minor or trivial, they may nevertheless form part of a pattern of behaviour which viewed as a whole amounts to abuse, harassment or intimidation.

Also a  single act may amount to abuse.

Psychological abuse includes the following;

  1.  Threats of physical abuse, or sexual abuse.

 2.    Damage to property,

 3.     Abusing pets:

  4.    Intimidation or harassment such as:

  5.    Watching, loitering near, or preventing or hindering access to a place.

  6.   Following the person about or stopping or accosting a person in any place:

  7.   Financial or economic abuse.