Protections against family violence Types of relationships covered by family violence laws What is a “family relationship”? Family Violence Act 2018, ss 12–14 For violence to be “family” violence, the two people must be in a “family relationship”. That doesn’t mean you…
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Protections against family violence Types of behaviour that can be “family violence” A change in language: From “domestic” to “family” violence Since the new Family Violence Act came into force in 2019, the law in this area is now called “family violence,”…
Protections against family violence Preparing to end a violent relationship When can I leave a violent relationship? Legally, you can leave or end a relationship whenever you want. A relationship ends whenever you decide you don’t want to be in it anymore.…
Protections against family violence Key legal tools that will protect you: “Protection orders” and “Police Safety Orders” Protection orders made by the Family Court for long-term protection Family Violence Act 2018, s 59 The key form of protection under the family violence…
Protections against family violence The criminal law and family violence Many acts of family violence will also be against the criminal law Some things that can be family violence – like psychological abuse, or a pattern of controlling behaviour – may not…
Police Safety Orders: Immediate, short-term protection against family violence Overview Overview of PSOs Family Violence Act 2018, ss 26–58 As well as Protection Orders made by the Family Court, the family violence laws also allow the police to give you immediate, short-term…
Applying for a Protection Order: Long-term protection against family violence Overview Who can apply for a family violence Protection Order? If you are or have been in a family relationship with another person, you can apply to the Family Court for a…
Applying for a Protection Order: Long-term protection against family violence Who will be protected by a Protection Order Who can be protected by a Protection Order? Family Violence Act 2018, ss 8, 86, 87 As well as covering you (the “applicant”), the…
Applying for a Protection Order: Long-term protection against family violence How to get a Protection Order Different types of applications: Urgent and non-urgent Urgent applications (“without notice” applications) Family Violence Act 2018, s 75 If you need protection urgently, you can apply…
Applying for a Protection Order: Long-term protection against family violence Protection orders made in criminal cases When can the criminal courts make Protection Orders? Sentencing Act 2002, s 123B When sentencing a person for a family violence offence (other than a breach…
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