Parenting, Protection Orders & reporting family & domestic violence Canberra ACT & NSW
Family violence Canberra, ACT & NSW
For anyone who is currently experiencing family violence or has experienced family violence, and is either separated or considering separation from their partner or spouse as a result, this page is for you.
On this page you can expect to learn information including:
- What to know about how to report an abusive partner
- How to report an abusive ex partner or co-parent
- The crossover between civil, criminal and family law relating to the care of children
- What to know if you decide you want to cancel or change a Family Violence Order or Apprehended Domestic Violence Order
Protection for adults and children
Below are some different scenarios and the protection avenues for both adults and children in the ACT and NSW. Read them all or just those most relevant to your circumstances.
Family violence protection in Canberra, ACT
How to report an abusive partner or spouse in the ACT
In the ACT, you can apply to the Court for Orders called Family Violence Orders (FVO’s) which can list yourself and your children, if you have them, as the Protected Persons.
These are made by personal application and require specific evidence. FVO’s are very rarely made by police in the ACT. If orders are made by police they are usually called Special Family Violence Orders and are typically for the protection of children.
FVO’s are initially issued as interim/provisional Orders. That is they are temporary or short-term Orders until a Court hearing where Final Orders may be made.
While you can file your own application, advice from a family lawyer who has deep experience with helping people who have experienced family or domestic violence at the hands of their partner or spouse, will provide you insights into how to increase the likelihood of your application being sufficient to allow for the level of protection you (& your children if you have them), need.
Read on for related information about protection measures & next steps.
How to report an abusive ex partner or co-parent in the ACT
In the ACT, victims of family violence or their parents can apply to the Court for an FVO, a Family Violence Order. This is a protection order that is made by personal application.
While it is rare for police in the ACT to make family violence protection orders, they can apply for a Special Family Violence Order on the behalf of a child or children.
You can file an application yourself however this can lead to more lenient or less conditions for the perpetrator to be required to follow, than if you had support in compiling accurate and relevant evidence that meets the Court requirements.
A family lawyer with extensive experience in helping people with matters relating to family lawyer will increase the likelihood of sufficient conditions being included on the FVO.
Family violence protection in NSW
How to report an abusive partner or spouse in NSW
In New South Wales, reporting family violence from a partner or spouse is typically made to the police who will then make an application for an ADVO – Apprehended Domestic Violence Order. Both you and any children you have can be listed as Protected persons on the ADVO.
In NSW, Coercive Control is a criminal offence and this is to be included and considered by the Court in the application for the ADVO.
If an ADVO is granted by the Court to protect the PINOP (Person/s In Need of Protection) this requires the perpetrator to comply with the conditions of the ADVO.
Common conditions of an ADVO can include no contact (direct or indirect), no monitoring or stalking, no threats, intimidation, assault or harassment. Other conditions may include no alcohol or drugs leading up to contact (if there is any), removal of any weapons or firearms and a requirement to stay away from certain places including home or workplaces, amongst other conditions.
If they do not comply with the full conditions in the ADVO, then they will have committed a criminal offence.
Private ADVO applications can be sought in some circumstances, but this is rare.
ADVO’s are first issued as interim/provisional Orders. That is they are temporary or short-term Orders until a Court hearing where Final Orders may be made.
Read on for related information about protection measures & next steps.
How to report an abusive ex partner or co-parent in NSW
In New South Wales, protecting yourself (and any children you have) from an ex-partner or co-parent is typically made by police. The protection orders are called Apprehended Domestic Violence Orders (ADVO’s).
Private ADVO’s can be sought in some circumstances however where children are involved, the Court may seek to involve the police to ensure the best interests of the children are protected and they are safe.
ADVO conditions may require the perpetrator to comply with one or more of the following:
- No direct or indirect content (in person, online etc)
- No monitoring or surveillance
- No threats, intimidation, assault or harassment
- Staying away from child care, school, home, workplaces or other places
- No alcohol or drugs leading up to contact with children (if there is any)
- Removal of any weapons or firearms; & more.
An ADVO is a civil proceeding, meaning it is an application If the person issued the ADVO does not comply with the conditions then they will have committed a criminal offence, meaning they will then be facing criminal proceedings.
If there has been Coercive Control (a criminal offence in NSW), then this is to be included in the application for the ADVO.
What to know if you ever want to cancel or change an AVO or ADVO
We see that sometimes people apply for FVO’s, ADVO’s or Protection Orders and later wish to change the conditions or cancel them entirely. This tends to happen when there is family pressure to revoke the Orders or there are children involved who want to spend time with their other parent (if it is safe to do so), but the conditions of the Orders are too broad to allow for that.
This is why seeking legal advice from a family lawyer is important to get a holistic view taking into account their immediate safety &/or a safety plan, as well as having an understanding of the bigger picture in the context of separation, divorce and parenting or property division which may come afterward.
In the ACT, because FVO’s are initiated by individuals seeking protection for themselves and/or their children, you can apply to change or cancel the Orders. This is called an Application to Vary or Revoke a Protection Order. However, if you are reading this and are considering this, be wary of doing so under pressure or not considering the future as it can be incredibly difficult to obtain another Order later on if you have cancelled a prior Order.
In NSW, because the police apply for the ADVO’s to protect the PINOP (person in need of protection), then they cannot be revoked (cancelled) or changed. If the ADVO is for the other parent of your children, there can be complexity if you have existing Parenting Orders in place or you want to establish enforceable parenting / custody arrangements. We will unpack this further below.
As we have covered in another article about what to know about leaving a violent or abusive partner or spouse, there are several crossovers that exist between these civil proceedings and family law related matters.
What to know and do first.
Your safety and the safety of your children is paramount, and you should always seek the assistance of the police in an emergency.
However, if you have any opportunity to seek legal advice from a family lawyer to help you with the application process, we strongly encourage you to.
Why?
Because there are many interconnected elements between family violence matters and common subsequent next steps that most victims of family violence are not aware of until later on. Knowing the information that a family lawyer can offer provides a bigger picture perspective to help guide your decision making.
Below we will explain what to know from a bigger picture perspective and ways that may lead to you experiencing reduced stress, less time to resolve and can help you avoid additional financial costs that could otherwise be incurred over time.
What to know about Protection Orders
While the immediate focus is on the safety of yourself and your children, it is common for family violence support and advice to be lacking in additional significant and timely information.
Parenting Orders or Protection Orders?
Parenting Orders are formalised arrangements made through the Family Court relating to the care of any children you have.
Whether you have:
- Parenting Orders already in effect;
- Only informal parenting arrangements in place; or
- No parenting plans or formal arrangements in place because you have not separated
…then you will benefit from becoming familiar with these common scenarios that may be ahead of you.
Scenario 1
If Parenting Orders are in place and afterward a family violence incident occurs that leads to an FVO or ADVO, the Parenting Orders may be set aside in favour of the conditions in the FVO/ADVO.
Scenario 2
If an FVO or ADVO is issued to a parent at any point in time before any Parenting Orders have been finalised in the Family Court, then it might be the case that the Interim Orders prohibit the perpetrator from seeing their children. If that is the case, they may elect to commence Family Court proceedings to be allowed to see or care for their children.
If successful, the Family Court Orders will override the conditions of the FVO or ADVO.
When you are aware of the bigger picture that advice from an experienced family lawyer unlocks, you can become aware of the options that might be available to you, based on your individual circumstances.
For example, when we inform clients of their options, they can then decide to go one of two ways:
- They apply for the FVO/ADVO with the Magistrate’s Court/Local Court
OR
- They combine both the family violence matter with an application for Parenting Orders (or revised/updated Parenting Orders) to be dealt with in the one Court – the Family Court.
Running two sets of Court proceedings can create complexity, additional time to finalise and then there are the additional costs of running two matters in two different Courts.
Managing separation, divorce & family/ domestic violence – Canberra & New South Wales
When people seek legal advice from a family lawyer who regularly helps people with matters that cross over between protection orders and family law considerations, they have an opportunity to learn the pros and cons of what certain decisions may lead to.
We see people make costly and heartbreaking mistakes that could have been avoided if we had the opportunity to advise them first.
