The Family Violence Protection Act 2008 and Personal Safety Intervention Orders Act 2010 are very similar in effect; both deal with unwanted communications and contact.
Family Violence Intervention Orders are unfortunately common in the context of Family Law cases between parties and the definition of family violence is quite broad and exhaustive, including behaviour that is:
- Physically or sexually abusive
- Emotionally or psychologically abusive
- Economically abusive
- Controlling or dominating
Broadly if a person is causing another to suffer family violence and that behaviour is likely to continue, then a court will be satisfied that a person should be protected by an intervention order.
If a person does not comply with an order then they may face serious criminal charges.
Family violence proceedings in state courts have no relationship with orders affecting or specifying the long term care and responsibility of children as is dealt with in the Family Law jurisdiction. Family violence orders may affect the care of child in the short to medium term, however ultimately these matters need and must be dealt with under the Family Law Jurisdiction in the federal courts.
If a Family Violence Intervention Order has been made in a state court, the court can look at the circumstances of that order being made, in particular any findings made in the making of that order.
Further any findings of family violence can have an effect on the outcome of property proceedings with a number of cases supporting the proposition that a party to a marriage should be assessed to have made additional contributions (by their contributions being more onerous) to a marriage where they were the victim of family violence during the relationship.
For legal advice that protects your interests phone now for an appointment: Bendigo 03 5434 6666; Castlemaine 03 5472 1588 or Melbourne by appointment.