A family violence intervention order is designed to protect a person from a family member who is acting in a violent or abusive manner. This behaviour also includes emotional, financial, physical and sexual abuse. It is not just limited to physical violence.
A family violence intervention order is applied for at a magistrate’s court, with immediate protections being put in place by interim intervention orders. Children can be included on applications.
What do we call everyone in this process?
- The person who wants the intervention order is called ‘the affected family member’ or ‘protected person’.
- The person the intervention order is against is called ‘the respondent’.
What can be included in a family violence intervention order?
A respondent can be blocked from using family violence against the protected person, and if the respondent breaks these conditions, the police can charge them with a criminal offence. The conditions are decided by the magistrate.
What is considered ‘family violence’?
Family violence is any controlling, threatening, forceful or fear-inducing behaviour that is used to dominate a family member.
- Physical abuse – hitting, pushing, punching, slapping
- Sexual abuse – forced sex or sexual behaviours
- Emotional/psychological abuse – controlling who someone sees or speaks to, calling names, belittling
- Financial abuse – withholding money, controlling someone else’s money without their consent
- Behaviour that causes someone to fear for their property, another person, or an animal
Children
If a child sees or hears or is around family violence, they are covered by law. That is if a child:
- Helps an abused family member
- Sees damaged property at home
- Is there after a domestic violence incident that the police are called to
The police must act on all reports of family violence, and must act even if nobody wants them to – safety first.
Who are ‘family members’?
For the purposes of making an application for a family violence intervention order, ‘family members’ means:
- Those who share an intimate personal relationship – married, de facto or domestic partners. It does not need to be sexual for this to count. Domestic partners could mean a flatmate.
- Parents and children, including the children of an intimate partner.
- Birth, marriage or adopted relatives.
- Those you treat like family – a carer, guardian, or person related to you within a family structure in certain cultures.
- Past family members – for example step-siblings from a dissolved marriage.
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