Family Violence Flashcards
(21 cards)
What is family violence in the family Law Act?
FV is defined at s4AB of the FLA as violent, threatening or other behaviour by a person that coerces or controls a member of the persons family or causes the family member be fearful.
What does family violence encompass?
Family violence involves domestic violence as well as violence occurring within a family, including in relation to children.
What are some specific examples of family violence?
Physically violent behaviour, withholding finances from a partner? repeated derogatory taunts, stopping a person from keeping connection with their family and friends.
Does family violence have to be physical?
No, not to have a serious effect on parties and children.
What is coercive controlling violence? (One of the four categories of family violence?)
An ongoing pattern of use of threats, force, emotional abuse, and other coercive means used to dominate a person or induce fear, submission and compliance in them. Its focus is to control and does not also involve physical harm.
What is violent resistance?
This occurs when one partner uses violence as a defence in response to abuse by a partner. It is an immediate reaction to an assault and is primarily intended to protect oneself or others from injury.
What is situational-couple violence?
Results from situations or disputes between partners that escalates into physical violence.
What is Separation-instigated violence?
Violence instigated by the separation where there was no history of violence in the relationship or in other contexts.
What benefit can a client get from a support service run by a not for profit agency?
A range of assistance from free counselling in relation to domestic violence to supported housing. Many agencies will assign a case worker or assist a family if they are in particular need of assistance.
What if clients have limited finances?
They may approach their GP for a mental health care plan or make an application through victim services.
Why should you encourage your client to seek an ADVO through the NSW Police?
ADVOs are much more easier to enforce and have more significant penalties than family court orders. They can be obtained immediately in many circumstances.
What if the client is not able to advocate their case well to the Police?
If the client is from a non-English speaking background or cannot communicate well, be prepared to send them to the police station with a typed statement and copies of any evidence such as threatening text messages. If they don’t get a response, give the relevant police officer to discuss why they haven’t taken action. If the police will not take action consider whether a private ADVO is appropriate.
When should a practitioner apply to the Family Court for an exclusionary order?
An exclusionary order or ‘sole occupation’ order restrains the other party from continuing to live at the matrimonial home until further order.
Why should a practitioner apply for an exclusionary order?
Because often there are few places for the victim of family violence to go. Especially where the victim has no access to money or income, getting away from the matrimonial home can be difficult, particularly with a reduction in funding for women’s refuges.
How does a Pinop apply for an AVO personally?
By attending a local court registry personally(or with the assistance of a solicitor) and following a discussion with a Chamber Magistrate, swearing an application for AVO.
Can an AVO order be made by the Police?
Yes, where the police are called to an incident, or if the individual attends the police station, a police officer may swear an application for AVO on behalf of the PINOP.
Can police officers issue provisional AVO’s?
Yes, recently introduced provisions allow for certain Police officers to issue provisional AVO’s.
What does an application for AVO generally contain?
A summary of the incident(s) of violence or abuse which led the PINOP or police officer to apply for their AVO.
Should the application for AVO contain an outline?
Yes, of the specific restrictions or prohibitions which the PINOP asks the court to place on the defendant
Should the AVO contain a summons to the defendant?
Yes, to appear at court at a specific time and date so that the court can heat the complaint.
Who receives a copy of the application for AVO?
The PINOP and a copy is served on the defendant by the clerk of the court or the police at the address provided by the protected person.
