Progressively, domestic violence has become recognised as a serious breach of human rights.

To ensure that it is taken seriously by society, the Domestic and Family Violence Protection Act 2012 provides protection and a safe environment for those people who become victims of family and domestic violence.

Domestic and family violence takes place when a person in a relationship with another uses abuse or violence to ensure control or power over the other person. Those who experience these acts of violence or abuse often live in fear. The way those affected are protected is through a domestic violence order. The intention of which is to restrict the behaviour of the person who is behaving in an abusive manner.

The Act does recognise that there are some people who may not wish to end the relationship but they just don’t want the violent part of the relationship.  The purpose of a family violence order is to protect:

• the safety of the affected family member
• any property belonging to the affected family member
• a child who has been the subject of family violence.

This order can restrict or stop a person from:

• behaving violently against the person who is being protected
• behaving in an offensive manner towards the person being protected
• getting too close to the person being  protected
• visiting the place where a person being protected lives, visits or works
• going to a particular location that is frequented by the person being protected
• pursuing the protected person
• communicating or making contact with the protected person
• destroying property that is in the protected person’s ownership
• allowing someone else to act on his or her behalf against the protected person.

The perpetrator of family violence may also be required to give up a firearms licence or permit and seek compulsory counselling.

An application for a family violence order may be made to the Court by:

• the police force
• the family member affected by the violence
• if the family member affected is a child -
• a child’s parent if the child is affected by family violence
• the guardian of a child affected by family violence
• any other person with permission from the Court.

If the family violence order is breached a three year prison sentence may be imposed.

This article provides basic information only and is not a substitute for a professional or legal advice.