Family Violence Protection

Family violence is not limited to physical harm. It also includes economic control, psychological control, threats, harassment, and surveillance behaviours.

Yes, verbal abuse, intimidation, and threats can all constitute family violence. For support, contact 1800RESPECT (1800 737 732).

Yes, breaking phones, smashing photo frames, kicking doors, punching walls, pushing, pulling, and obstructing are all strictly speaking forms of family violence.

While it's better to have evidence, it's not essential. After reporting to police, officers will make judgments based on both parties' statements.

In NSW, the violence restraining order is called an AVO (Apprehended Violence Order). In Victoria, it's called an IVO. Both are essentially violence restraining orders.

Generally, there are several steps. In NSW for example: 1. Police arrive to understand the situation, separate both parties for initial questioning, and preliminarily determine who is the victim and who is the perpetrator. 2. Police take the perpetrator to the station for further statements, preparing for criminal charges or AVO. 3. Police issue a provisional AVO to the perpetrator. If necessary, police may file criminal charges related to family violence.

Not necessarily. Police don't determine the victim based on who made the call. They assess the situation after arriving, considering the scene, both parties' conditions, and their statements to comprehensively determine who is the victim.

No, an AVO is not a criminal offence and does not create a criminal record. An AVO is a civil protection order, but violating an AVO constitutes a criminal offence.

Usually 6 months to 2 years. The court can adjust based on risk assessment.

A visa won't be refused simply because of an AVO. Having an AVO doesn't necessarily mean a visa or permanent residency application will be unsuccessful.

Yes, you need to demonstrate necessity and reasonableness to the court. The court prioritises safety. If children's interests are involved, the court may be more likely to make modifications.

Many AVOs do lead to criminal cases. Common charges include common assault and property damage.

Yes, an AVO can restrict the perpetrator from approaching the victim's residence and workplace. An AVO can also restrict contact between the perpetrator and victim.

Yes, the court's primary concern is the child's safety. Family violence typically affects parental responsibility, visitation methods, and frequency.

Yes, children being exposed to a violent environment itself constitutes family violence.

Evidence can include AVO records, police reports, text messages, recordings, hospital records, witnesses, photographs, etc.

If long-term violence has caused one party to bear more hardship in life, it may affect property division.