Before, during or following separation, parties and their children may experience or be exposed to family violence. Family violence includes both physical and non-physical violence. It can include physical violence, sexual violence, emotional abuse, reproductive coercion or abuse, stalking and intimidation, financial abuse, technology- facilitated abuse, spiritual or religious abuse or systems abuse.
Children can also be affected by family violence even where the violence is not directed towards them personally. This may include seeing or hearing family violence, witnessing damage caused by violence, comforting a family member who has been harmed or being present when police attend following a family violence incident. Exposure to family violence may have significant physical, psychological and emotional effects on children.
Family Violence and Parenting Proceedings
In parenting proceedings, the Court’s paramount consideration is the best interests of the child. A significant part of this assessment is ensuring the safety of the child and each person who has responsibility for the child’s care.
When considering parenting arrangements in circumstances involving family violence, the Court may consider matters including:
- the nature, severity and history of any family violence;
- any harm suffered by the child or risk of future harm;
- the child’s exposure to family violence;
- the safety of each parent and other person caring for the child;
- any current or previous Family Violence Intervention Orders;
- police reports and other relevant evidence; and
- any allegations or findings of abuse, neglect or family violence.
The existence of a Family Violence Intervention Order is relevant to the Court’s consideration, although an Intervention Order and parenting orders operate under separate areas of laws and are decided in two separate Courts. Parenting orders are deided in the Federal Circuit and Family Court of Australia and Family Violence Intervention Orders are decided in the Magistrates’ Court.
Depending on the circumstances and the evidence before it, the Court may make parenting orders designed to protect a child from harm. These can include orders:
- specifying who the child is to live with;
- determining who is responsible for making major decisions concerning the child;
- providing for supervised time between a child and a parent;
- regulating changeover arrangements;
- restricting communication between the parties;
- imposing conditions on a parent’s time or communication with the child; or
- in serious cases, providing that a child spend no time with a parent.
Where allegations of child abuse, family violence or risk are raised in parenting proceedings, parties may also be required to formally notify the Court of those allegations or risks. Relevant Intervention Orders should be brought to the Court’s attention.
Family Violence Intervention Orders
In Victoria, a person experiencing family violence may apply for a Family Violence Intervention Order.
An Intervention Order is intended to protect a person, and where appropriate their children, from family violence. Depending on the circumstances, an order may include conditions:
- prohibiting family violence against the protected person;
- preventing or restricting contact or communication;
- restricting the respondent from approaching or remaining within a specified distance of the protected person’s home, workplace, school or childcare;
- excluding the respondent from the family home;
- preventing the respondent from following, monitoring or surveilling the protected person; and
- preventing damage to property or other threatening behaviour.
Children may be included as protected persons under a parent’s Intervention Order or, in some circumstances, may be protected under a separate order.
Intervention Orders may be made on an interim basis where immediate protection is required, with a final order potentially being made following further Court proceedings. Breaching the conditions of an Intervention Order can constitute a criminal offence.
Seeking Legal Assistance
Navigating family law proceedings while dealing with family violence requires careful legal guidance to ensure your safety and protect your parental rights. If you have experienced family violence or are currently involved in a family law matter, our office is available to provide expert advice and legal support tailored to your situation.
If you or your children are in immediate danger, contact Victoria Police on 000.
