Guide for Canberra Family Violence Protection Order

Introduction

In recent years, as the issue of family violence has become more prominent in society, our team has handled numerous cases involving Family Violence Orders (FVO). In these cases, we have witnessed not only legal disputes but also the complex emotional entanglements in family relationships—ranging from the applicant’s fear for their future safety to the respondent’s feelings of helplessness, anger, and confusion due to misunderstandings or false allegations.

When faced with a Family Violence Order application, as a respondent, you may feel caught off guard. Many people wonder: “Is this really family violence?”, “Why me?”, or “How do I prove my innocence?” It is natural to experience emotional ups and downs in such situations, but we want to tell you: staying calm, understanding the legal process, and protecting your legal rights is the first step to resolving the issue.

Over the years, we have dealt with numerous cases in Canberra involving respondents facing Family Violence Orders. These range from respondents being misunderstood due to family disputes to those facing legal consequences for impulsive actions. We understand that every case has a unique story behind it. Regardless of the situation, knowing your rights and obligations and taking appropriate action early is key to helping you navigate this challenge.

How to Respond to a Family Violence Order (FVO) Application

When you find yourself facing a Family Violence Order (FVO) application, whether you believe the allegations are true or not, calm and rational handling is essential. The following steps can help you respond effectively:

Stay Calm and Seek Legal Advice

First, remain calm and avoid any disputes or conflicts with the applicant to prevent escalating the situation.

Then, Contact an experienced family violence lawyer immediately to understand your legal rights and obligations. A lawyer can review the application documents, explain the relevant laws, and help develop a response strategy.

Carefully Review the Application Documents

Read the court-provided application carefully to ensure you understand the allegations made by the applicant and the specific terms of the protection order. For example, the order may require you to:

Avoid contacting the applicant;
Not enter the applicant’s residence or workplace;
Refrain from any threatening or violent behavior.

Note the Legal Process: Check the date and location of the Preliminary Conference indicated in the documents and make sure to attend on time.

Comply with the Interim Protection Order

If the court issues an Interim Order, you must strictly comply with it, even if you believe the allegations are unfounded. Violating the order may result in criminal charges.

Prepare for the Preliminary Conference

In Australia, the Preliminary Conference for a Family Violence Order (FVO) case is the first meeting between both parties and a court mediator or registrar. It provides an opportunity to resolve disputes informally. This step is crucial, as it can help you understand the other party’s stance, clarify issues, and potentially reach a settlement, avoiding a more formal hearing. Here’s how to prepare:

Clarify the Issues: Clearly state your position and clarify the disputed matters.
Attempt a Settlement: See if the issue can be resolved through an agreement without further hearings.
Plan the Next Steps: If no agreement is reached, the court will inform you of the next hearing date and the required preparation.

Prepare Evidence for a Hearing (If Settlement Fails)

If the case proceeds to a hearing, gather the following evidence to support your position:

Communication Records: Phone records, text messages, emails, and screenshots of social media interactions.
Relevant Materials: Photos, videos, or recordings related to the incident.
Medical Records: To prove whether injuries were present.
Witness Statements: Testimonies from third parties who can support your case.

Australian law on domestic violence

What is Considered Family Violence

Scope of Family Violence Orders

What is Considered Family Violence

Scope of Family Violence Orders

Understanding the Judge’s Discretionary Basis

According to Section 34 of the Family Violence Act 2016, the court considers the following factors when issuing a final protection order:

Key Grounds

The victim has a reasonable basis to fear the respondent may commit family violence.
The respondent has already committed acts of family violence.

Behaviour Patterns

Even if certain actions seem minor in isolation, the court must assess whether they form a pattern of behavior that requires protection.

Proof of Reasonable Fear

If the respondent has committed acts of family violence as defined in Section 8 and such actions constitute a crime, it proves the victim’s fear is reasonable.

No Crime Required

Acts that do not constitute a crime may still be recognized as family violence.

Other Considerations

The judge must also refer to Section 14 factors, including:

Purpose of the Act: Guided by Section 6 objectives.
Perception of the Victim: The victim’s view on the nature and severity of the respondent’s actions.
Child Welfare: Prioritizing the welfare of any children involved.
Accommodation Needs: Evaluating the housing needs of the victim and any children.
Impact on the Respondent: The difficulties the order may cause the respondent or others.
Past History: Previous family violence incidents involving the respondent.
Previous Orders: Any prior protection orders issued against the respondent.
Violation of Orders: Whether the respondent has breached family violence orders.
Property Protection: Ensuring the order prevents property damage.

Other Ruling Principles

Judge’s Discretion: The court may consider other factors relevant to the case.
Impact of Procedural Deficiencies: The validity of the protection order will not be affected even if the court does not fully comply with the above provisions.

Contact Brightstone Legal Criminal Law Team to Protect Your Rights!

Family Violence Orders not only affect your personal freedom but may also have far-reaching consequences for your career, immigration status, and future. Therefore, taking prompt legal action is crucial when facing an FVO application. The Brightstone Legal Criminal Law Team has extensive experience defending family violence cases in Canberra. Our professional lawyers will provide comprehensive legal support to help you protect your rights.

If you or your family or friends are facing issues related to Family Violence Orders, please contact us immediately for expert legal advice.