A Q & A Guide to Family Violence Orders in the ACT.

Have you been a victim of violence carried out by a family member? Or perhaps you are the one being accused of family violence?

In either scenario, it’s important to know how the law works regarding your situation.

Knowing the next steps to take will allow you to act accordingly and find a resolution or achieve an outcome regarding situation that is in your best interests.

To assist you with this, we’ve prepared a short guide on the laws that pertain to family violence circumstances. More specifically, we’ll discuss how Family Violence Orders (“FVO”) work by outlining some frequently asked questions about it and providing the answers that you seek.

Q: What is a Family Violence Order?

A: An FVO is an order a Court can make to protect the person applying for the order (the applicant) by restraining the person who is alleged to have engaged in family violence (the respondent) from engaging in certain behaviour. For example, an FVO can require the respondent not to contact the Applicant or not to be within a certain distance of the applicant. There are a number of other different types of orders that can be made.

For an FVO to be made, a person must file an application to the ACT Magistrates Court which seeks the Court’s intervention in order to grant them protection from the violent acts and behaviour of a family member. This can be filed by the victim themself, their guardian (if they are a child), their lawyer, or with the assistance of a police officer.

Q: What constitutes family violence?

A: Under Section 8 of the Family Violence Act 2016, family violence includes physical or sexual abuse and violence, emotional or psychological abuse, economic abuse, threatening behaviour, coercion, or any other type of behaviour that controls or dominates a family member or causes them to fear for their safety or that of another.

This may also include any type of behaviour that exposes a child to any of the above. In addition to this, property damage, harming a pet, deprivation of liberty, and stalking are also considered as family violence. The term is arguably deliberately a broad concept in the law that encompasses a wide range of acts and behaviours.

For a clearer idea, here are a few examples of non-violent acts that can still be considered as family violence:

• Preventing someone from accessing money that they need for their living expenses
• Forcing someone to claim social security payments
• Using technology to stalk, humiliate, or otherwise threaten the wellbeing of another
• Stopping someone from having contact with another family member or friends

Q: Who is considered a family member under this law?

A: Section 9 of the Act defines the term family member as any of the following: a current or former domestic or intimate partner, a parent, a child, or relative whether by blood or by law.

Q: What does an FVO prevent a person from doing?

A: Interim and final FVOs can prevent a family member from being in close physical proximity to a person or the places they frequent (eg. their home and workplace), having contact with a person in person or via technology, harassing or threatening a person or having someone else do it, damaging a person’s property or having someone else do it, and attempting to locate a person with technology or the help of another person.

Conclusion

The decision of whether or not FVO is made falls on the Magistrates Court. Sufficient evidence must be given in Court, and several factors come into the decision making process.

In any case, it’s a good idea to work with a lawyer who is familiar with these types of cases to try to get the best possible outcome in your application, whether it’s in successfully applying for FVOs or in responding to FVOs

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