Family violence is a widespread issue, and one that is often raised in Family Law. Cases
involving allegations of family violence are often complex, and there is no ‘one-size-fitsall’
approach. These matters usually require a tailored approach to dealing with the
specific issues that are affecting that family.
Recently, the Courts have taken a number of positive steps to address the problems that
arise in family law matters involving allegations of family violence. These steps are
outlined below.
What is family violence?
Family violence is any abusive behaviour that takes place within a family or relationship.
Some examples of family violence include:
Family violence is also any behaviour that makes a family member fear for their safety or
for the safety of their property.
What the Courts can do to help – Intervention Orders
Family members experiencing family violence are able to apply for a Family Violence
Intervention Order, either by way of an application from the police, or directly at the
Magistrates Court.
A Family Violence Intervention Order is a legal document which is intended to protect one
party from another and is intended to keep parties from interacting with one another. If a
person restrained by an Intervention Order does something they are restrained from
doing, this may be a ‘breach’ of the Intervention Order and could result in serious criminal
charges and consequences.
If an individual has been served with a Family Violence Intervention Order, that person
may be able to interact with the other person under specific circumstances, such as
retrieving personal items from the place of residence with the assistance of the police, or
to come to a written agreement about parenting arrangements. However, it is important to note that this is not always the case, and not every Intervention Order has the same
restraints or exceptions.
If you are the Respondent to an Intervention Order, it is vital that you get proper legal
advice about the effect of that order, and what you must not do.
If you require assistance with a Family Violence Intervention Order, please contact our
Intake team to book a free first consultation.
What the Courts can do to help – property and parenting
For family law cases where property needs to be divided, and/or parenting arrangements
need to be determined, allegations of family violence are not uncommon, and are taken
very seriously. Often, these cases cannot be resolved directly between the separating
parties and require the assistance of the Court to resolve the issues in dispute.
In an effort to manage the issues that can arise in family law matters involving family
violence, the Federal Circuit and Family Court of Australia has incorporated the
Lighthouse Model and the Evatt List to ensure that potential litigants are provided with the
resources and support they require.
What is the Lighthouse Model and the Evatt List?
The Lighthouse Model is a risk screening process that identifies cases which involve
family violence early in the family law process. Those cases may be referred to the Evatt
List.
The Evatt List is a specialised case pathway list through the Federal Circuit and Family
Court of Australia where a team of Senior Judicial Registrars, Judicial Registrars, Court
Child Experts and Court staff qualified and experienced in family violence are specially
allocated to manage cases involving allegations of family violence.
The effect of family violence on parenting arrangements
It is possible that allegations of family violence can have an impact on the outcome of the
children’s matters, both in the short (interim) and long (final) term.
The Courts must take into account the best interests of the children as the paramount
consideration when making parenting orders. This includes ensuring that the children are
protected from any harm, abuse or family violence. This does not necessarily mean that
either parent will be prevented from seeing the children, and there are a number of
protective tools at the Court’s disposal, such as supervision by professionals and risk
assessment screenings.
The effect of family violence of property division
Family violence can also be a factor in determining the overall division of property.
The Courts have recognised that family violence can have an impact on the financial
circumstances of a person and may have impacted their ability to contribute to the
marriage. For example, family violence may have impacted their ability to work and/or
contribute as homemaker and parent. If it can be shown that family violence has made
one person’s ability to contribute to the marriage significantly more difficult, that person
may be entitled to an adjustment of the final property division in their favour.
Family violence issues are often complex and are dependent on the circumstances of
each individual case. It is important to obtain proper legal advice.
If you or someone you know wants more information or needs help or advice with family
violence, please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.