S5 Family Violence

Question 1

Key elements of family violence?

Answer 1

• Physical or sexual assault
• Verbal abuse
• Emotional or psychological abuse
• Financial abuse

Question 2

underlying cause of Family violence ?

Answer 2

Family violence is highly gendered: female victims and male perpetrators.
Violence against women arises from:
- Disrespect
- Gender stereotypes
- Cultural norms

Question 3

Definition of Family Violence under s5 of FVPA 2008?

Answer 3

(a) behaviour by a person towards a family member
that is
(i) physically or sexually abusive; or
(ii) emotionally or psychologically abusive; or
(iii) economically abusive; or
(iv) threatening; or
(v) coercive; or
(vi) in any other way controls or dominates the
family member and causes that family member
to feel fear for the safety or wellbeing of that
family member or another person

Question 4

which sec defines Family Member?

Answer 4

S8 of FVPA 2008
(a) The current or past spouse or domestic partner of that person
(b) A person who has or has had an intimate personal relationship with that person
(c) A person who is or has been a relative of that person
(d) A child who normally or regularly resides with that person
(e) A child who has had an intimate personal relationship with the relevant person
The definition also includes any other person who is regarded by the victim as being like a family member if that is reasonable in the circumstances of the relationship

Question 5

who can apply for family intervention order?

Answer 5

• A member of the police force
• The affected family member (AFM)
• If the AFM is a child, then a member of the police force, a parent or a person with the consent of a
  parent
• Any other person with the consent of the AFM

Question 6

when is an Intervention order necessary?

Answer 6

Court must be satisfied that it is necessary to make an interim order to ensure the safety of affected family member (AFM), preserve property of AFM or protect a child - s53 FVPA.

Question 7

when is appropriate to apply for Safety Notice?

Answer 7

Police have the power to issue a Family Violence Safety Notice if a police
officer believes on reasonable grounds that it is necessary to ensure the
safety of the AFM, to preserve property or protect a child from family
violence: s26
This is a temporary measure which can last up to 72 hours to enable the
police or the AFM to apply for a FVIO

Question 8

when is appropriate to apply for Safety Notice?

Answer 8

Police have the power to issue a Family Violence Safety Notice if a police
officer believes on reasonable grounds that it is necessary to ensure the
safety of the AFM, to preserve property or protect a child from family
violence: s26
This is a temporary measure which can last up to 72 hours to enable the
police or the AFM to apply for a FVIO

Question 9

what are some of the conditions imposed by FVPO?

Answer 9

stopping the respondent from;
• committing family violence against the protected person
• intentionally damaging the protected person’s property or threatening to do so
• attempting to locate or follow the protected person or keeping them under surveillance
• publishing on the internet or by email or other electronic communication any material about the protected
person
• contacting or communicating with the protected person by any means
• approaching or remaining within a certain distance of the protected person
• going to or remaining within a certain distance of where the protected person lives, works or attends school or
childcare
• getting another person to do anything the respondent must not do under the order.

Question 10

what are some of the conditions imposed by FVPO?

Answer 10

stopping the respondent from;
• committing family violence against the protected person
• intentionally damaging the protected person’s property or threatening to do so
• attempting to locate or follow the protected person or keeping them under surveillance
• publishing on the internet or by email or other electronic communication any material about the protected
person
• contacting or communicating with the protected person by any means
• approaching or remaining within a certain distance of the protected person
• going to or remaining within a certain distance of where the protected person lives, works or attends school or
childcare
• getting another person to do anything the respondent must not do under the order.