Canberra Family Violence Protection Order Response Guide

Introduction

In recent years, as family violence has become a more prominent issue in society, our team at Brightstone Defence has handled numerous cases involving Family Violence Orders (FVO). Throughout these cases, we have witnessed not only legal disputes but also the complex emotional entanglements within family relationships. These range 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, 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. However, staying calm, understanding the legal process, and protecting your legal rights is the first step towards resolving the issue.

Over the years, brightstone defence has dealt with many cases in Canberra where respondents faced Family Violence Orders. Cases have ranged from misunderstandings during family disputes to legal consequences arising from impulsive actions. We understand that every case has a unique story. Regardless of your situation, knowing your rights and obligations and acting early is critical to navigating this challenge.

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

When facing a Family Violence Order 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.

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 you 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
• The specific terms of the protection order, such as:
  • No contact with the applicant
  • No entry into the applicant’s residence or workplace
  • Prohibition of threatening or violent behaviour

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. Breaching the order may result in criminal charges.

Prepare for the Preliminary Conference

The Preliminary Conference is the first meeting between both parties and a court registrar or mediator. It provides an opportunity to resolve the dispute informally. Preparation is crucial:

• Clarify the Issues: Clearly state your position and highlight disputed matters
• Attempt a Settlement: Explore whether an agreement can be reached without proceeding to a formal hearing
• Plan for Next Steps: If settlement is not achieved, the court will schedule a hearing and inform you about required preparations

Prepare Evidence for a Hearing (If Settlement Fails)

If the matter proceeds to a hearing, you should prepare evidence to support your case, including:

• Communication records: phone records, text messages, emails, and social media interactions
• Relevant materials: photos, videos, or recordings related to the incidents
• Medical records: to prove the presence or absence of injuries
• Witness statements: from third parties who can corroborate your account

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Australian Law on Domestic Violence

What is Considered Family Violence

Under Section 8 of the Family Violence Act 2016, family violence includes but is not limited to:

• Physical violence: causing injury or threats of injury
• Sexual violence: non-consensual sexual contact or coercion
• Emotional abuse: behaviour intended to control, humiliate, or intimidate
• Economic control: restricting financial freedom or misusing financial resources
• Harassment or stalking: persistent unwanted contact or following behaviour

Scope of Family Violence Orders

Family Violence Orders can include:

• Protection Orders and Emergency Protection Orders issued under the Family Violence Act 2016
• Orders issued under other relevant Acts, such as the Personal Violence Act 2016
• Any previous orders with similar protective effects

These orders aim to prevent family violence and ensure the safety and wellbeing of those at risk.

Understanding the Judge’s Discretionary Basis

Under Section 34 of the Family Violence Act 2016, the court considers several factors when deciding whether to issue a final protection order:

Key Grounds

• Whether the victim has a reasonable basis to fear that the respondent may commit family violence
• Whether the respondent has already committed acts of family violence

Behaviour Patterns

Even if individual actions appear minor, the court assesses whether they form a pattern of behaviour that requires protection.

Proof of Reasonable Fear

If the respondent has committed acts of family violence that amount to criminal conduct, the court presumes the victim’s fear is reasonable.

No Crime Required

Acts that do not amount to a crime may still be recognised as family violence under the Act.

Other Considerations

The court must also take into account:

• The purpose of the Act (Section 6 objectives)
• The victim’s perception of the respondent’s actions
• The welfare of any children involved
• The accommodation needs of the victim and children
• The impact on the respondent and others
• Any past history of family violence
• Any previous protection orders issued
• Any breaches of previous orders
• The need to protect property from damage

Other Ruling Principles

• The court may consider any other relevant factors
• Procedural shortcomings will not invalidate a valid protection order

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Contact Brightstone Defence to Protect Your Rights

Family Violence Orders can significantly impact your personal freedom, career, immigration status, and future. Therefore, taking early legal action is critical when facing an FVO application.

Brightstone Defence has extensive experience defending family violence matters in Canberra. Our dedicated lawyers will provide strategic advice and strong representation to protect your rights and achieve the best possible outcome.

If you or someone you know is facing an issue related to a Family Violence Order, please contact Brightstone Defence immediately for expert legal assistance.