FVPA Flashcards
(15 cards)
What are the purposes of the Family Violence Protection Act 2008?
A) maximise safety for children and adults who have experienced FV; and
B) prevent and reduce FV to the greatest extent possible; and
C) promote accountability of perpetrators of FV for their actions
What is Family Violence?
Section 5 FVPA
Family Violence is behaviour by a person towards a family member that is:
- physically or sexually abusive or
- is emotionally or psychologically abusive or
- is economically abusive; or
- is threatening; or
- is coercive; or
- 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; or
B) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).
Is it family violence if the perpetrator does not get charged or convicted of a crime?
Yes, section 5 sub-section 3 “to remove doubt it is declared that behaviour may constitute family violence even if the behaviour would not constitute a criminal offence.”
Who (as a child) can initiate an Application for a Family Violence Intervention Order?
d) if the affected family member is a child
i) a parent of the child; or
ii) any other person with the written consent of a parent of the child or with the leave of the court; or
iii) the affected family member with the leave of the court if the affected family member is of or above the age of 14 years old.
Who (as an adult) can initiate a Family Violence Intervention Order Application?
A) A police officer; or
B) An affected family member; or
C) if the affected family member is an adult, any other person with the written consent of the affected family member; or
Under what section is an application for an intervention order initiated?
Section 45 FVPA 2008
What are the three ways that Police can initiate an application?
- Application by way of Summons (can be with or without interim)
- Application by way of Warrant.
- Application by way of Family Violence Safety Notice
Under what section is an Application and Summons made?
Section 49 FVPA 2008
What changes with the Application and Summons if an interim order is sought?
Affidavit or oral evidence to support interim (section 55 FVPA).
Under what section is an application and warrant issued?
Section 50 FVPA upon a Police Application pursuant to Section 51 FVPA.
Who can issue a Family Violence Safety Notice?
A police officer of the rank of sergeant or above.
- If BORG exists that there is no FVIO between parties, and;
- BORG exists order is needed to ensure safety of AFM or preserve any property or protect a child who has been subjected to family violence committed by the respondent.
Under what section can an interim order be made?
Section 53 FVPA
Are children of an AFM required to be covered by interim order?
Yes, Section 53AA: Court must make interim order for a child if it makes an interim order for affected family member and is satisfied on the balance of probabilities that a child has been subjected to family violence.
Section 53 AB; Interim protection of child on court’s own initiative - when interim order not made for affected family member.
True or false, the respondent must be present at court before an interim intervention order is granted.
False, section 54 FVPA states:
An interim order may be made:
A) whether or not the respondent has been served with a copy of the application for a family violence intervention order.
B) whether or not the respondent is present when the interim order is made.
How must a court be satisfied if it is to issue a Final Intervention Order?
Section 74 FVPA.
Balance of probabilities that the respondent has committed family violence against the family member and is likely to continue to do so or do so again.
