DOMESTIC VIOLENCE

Around one in five Australian women and one in twenty Australian men have experienced violence at the hands of an intimate partner

(Statistic obtained from ABS, 2013)

WHAT IS DOMESTIC VIOLENCE?

Broadly speaking, family and domestic violence is conduct that is violent, threatening, coercive, controlling or intended to cause the family or household member to be fearful. Domestic violence should not be tolerated in any form and any person who is subject to domestic violence should seek help (to the extent it is safe to do so) immediately.

HOW DO YOU PROTECT YOURSELF OR YOUR CHILDREN FROM DOMESTIC VIOLENCE?

If your safety or another person’s safety is at immediate risk, you should contact the police now!

If the situation is continuing and your safety is not at immediate risk, you may consider seeking appropriate orders from the courts to protect you or your children.

Restraining orders

Restraining order is the most commonly sought protection in domestic violence situations.

A restraining order is a court order intended to protect you (and your children or other family members) from harm from someone who has, or is likely to, hurt you. Generally, there are two types of restraining orders:

· violence restraining order (VRO); and

· misconduct restraining order (MRO).

A VRO application is usually made in person in the Magistrates Court but in some urgent situations it can be made through a police officer by telephone. Often, a VRO application in the Magistrates Court is made on an ex parte basis (meaning it was made without giving any notice to, and in the absence of, the person to be restrained). If your application is successful, an interim VRO will be granted which will be valid until the next court date and the police will serve the interim VRO order on the person to be restrained.

The aim of obtaining a VRO is to prevent the other person from committing or further committing an act of abuse towards you so the common conditions the Court imposes include stopping the other person from:

· coming within certain distances of you;

· attending or being near your home or place of work; and

· contacting you in any way (including via Facebook or Twitter).

The fact that the court makes a VRO against another person does not, in itself, mean the other person has committed a criminal offence (although sometimes the police may decide to charge the other person for his/her abusive conducts). However, breaching a condition of the VRO is a criminal offence and may result in a fine and/or imprisonment being imposed.

A MRO operates similarly to a VRO with the main differences being:

· you are not required to prove an act of abuse (which usually involve some elements of violence), rather, you will need to prove that the other party is likely to act in a way that is intimidating or offensive towards you or may cause damage to your property;

· breach of a MRO may result in a fine being imposed but not imprisonment, which makes it less serious.

Injunctions

In addition to restraining orders, in Family Court proceedings in relation to children you may seek an injunction for personal protection.

An injunction is an order made by the Family Court to restrain your former spouse/partner from doing certain acts or things. Under the Family Law Act, the court has the power to grant an injunction to protect the welfare of a child. The injunction may be:

· for the personal protection of the child, the child’s parents or other carers;

· to restrain a person from entering or remaining in a place; or

· to restrain a person from relocating with the child or taking the child overseas.

Often, an application for injunction has to be made urgently and on an ex-partebasis.

Please note that injunction is not available to you if you do not already have Family Court proceedings on foot.

In addition to seeking orders from the courts, there are other organisations which provide supports to victims of domestic violence and it is important that you reach out for help as soon as possible.

About the Writer

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing family law advice to clients, making divorce applications and applying for Consent Order. Kelvin is able to offer his clients clear and practical advice in relation to children’s disputes, property settlements between married and de-facto couples, spousal maintenance and child support.

Perth Office

How Do You Protect Yourself Or Your Children From Domestic Violence?