Social services organisations in Australia have predicted an increase in family violence during the coronavirus (COVID-19) pandemic. Job loss, financial stress, and social isolation have placed significant pressure on many households.
Family violence has always been a serious issue. However, it can become more difficult during lockdowns and self-isolation. Usual safe spaces such as schools, workplaces, and shopping centres are no longer available for some victims.
The Family Law Act 1975 (Cth) includes provisions to protect children and family members from violence and abuse. State and territory laws also provide protection for victims of actual or threatened violence.
If you, your children, or someone you know are in danger, contact the police immediately.
What is family violence?
Family violence includes behaviour by a family member that causes another person to feel fear for their safety or wellbeing. It can involve actions, threats, or behaviour directed at a person or their property.
A child is exposed to family violence if they see, hear, or experience its effects.
Examples include assault, sexual assault, stalking, threats, intimidation, and derogatory comments. It also includes property damage, harm to animals, financial control, and restricting cultural or personal freedom.
What can you do?
If you are experiencing family violence, you can contact the police directly. If you are concerned about someone else, you can also report it on their behalf.
Family violence safety notice
Police can issue a Family Violence Safety Notice if they believe there is an immediate risk and the alleged perpetrator is over 18.
The notice provides immediate protection to the victim. It requires the alleged perpetrator to attend court. The court then decides whether to issue a Family Violence Intervention Order.
Family violence intervention order
You can apply for a Family Violence Intervention Order if you have experienced violence and fear it may happen again. Police can also apply on your behalf.
If granted, the order may prevent the perpetrator from:
- committing family violence
- damaging or using personal property
- entering or remaining at your home, workplace, or school
- contacting or approaching you
- encouraging others to commit violence
- holding a firearms licence
What orders can the court impose?
A Family Violence Order is made by the court to protect a person from violence. The court can place restrictions on behaviour to protect the affected person and their children.
These orders may stop the defendant from assaulting, threatening, harassing, or stalking the protected person. They may also prevent access to the home or workplace.
We are here to help
If you are in immediate danger, contact the police straight away.
We can assist with applying for Family Violence Orders and connect you with support services during this time.
The Australian Government has also increased funding for mental health, domestic violence services, and emergency support, including Telehealth and counselling services.
Irvine Lawyers continues to provide legal support through phone and video consultations across all family law matters.
This information is general only. You should seek legal advice for your specific situation.
If you need help, call us on (03) 9422 5439 or email [email protected].