Generally the law can address family violence in two ways: family violence orders that are legislated under civil law, and criminal charges. The term ‘family violence order’ is used in this chapter as a generic term for those orders specifically for family violence, though some states may have different names for these. Some states may use one form of order to cover both instances of family violence and assault. These can be called ‘intervention orders’, ‘protection orders’ or ‘restraining orders’. See below for more detail on what such orders can do.
If your patient is a victim of family violence, recommend, if appropriate, that they go to the police or relevant local community services, obtain legal advice or approach the local magistrates’ court services assisting in family violence orders.
Specially trained police officers can assist victims to access appropriate services and emergency orders to provide immediate safety. Doctors or patients can seek advice and information from the police on behalf of a patient without disclosing the patient’s name. You can also encourage patients to talk to the police themselves, even if they don’t identify themselves – patients may be helped by meeting with a trained police officer directly (refer to Resources).
Family violence and protection orders
These orders, which are made by the court and in some emergency cases the police, attempt to restrict or prohibit certain behaviours by the perpetrator. Orders may, for example, include prohibiting a person from harassing or threatening the survivor and/or approaching the victim’s home or place of employment. The court may also have the power to order that the perpetrator be excluded from the family home.
Details of these orders are different for each state and territory (Table 19). However, restraining orders may relate to:
- recent assaults, threats and/or harassment by a partner, family member, friend or stranger where the person is fearful of it happening in the future – especially death threats
- actual or threatened damage to property.
It is preferable that a person obtaining a restraining order asks for advice about the legislation in their state or territory – what orders are available, and what will afford them the most adequate protection (refer to Resources for links to appropriate sources for such advice).
It is beyond the scope of this manual to advise GPs in relation to the law in each state and territory. At the same time a complaint about criminal conduct is made to the police, their assistance should be sought and, if necessary, further legal advice obtained.
Court support services can be very helpful for women who have experienced family violence. Availability of these services can vary, and are offered by local community agencies. They may also be accessed at the magistrates’ court and the police may be able to provide further information.
Please note that in the Northern Territory, mandatory reporting provisions in the Domestic and Family Violence Act require that any adult must contact the police where they reasonably believe another person has been, is at risk of or is experiencing, serious physical harm through domestic or family violence. This requirement overrides issues of confidentiality.
Family violence and protection orders
Australian Capital Territory
In the ACT, it is necessary to apply for a domestic violence order or personal protection order through the Magistrates’ Court. For assistance, patients can go to the Legal Aid Domestic Violence and Personal Protection Orders Unit located at the Court.
Further information is available at:
New South Wales
The patient or the police on their behalf can apply for either an ADVO or an apprehended personal violence order (APVO), where the people involved are not related and do not have a domestic relationship, for example, they are neighbours or work together.
Further information is available under the topic ‘domestic violence’ at:
Northern Territory
The Domestic and Family Violence Act enforces mandatory reporting to police by all adults who reasonably believe someone has been, is at risk of or is experiencing serious physical harm through family or domestic violence. The patient, someone on their behalf with their consent, or the police, can apply to the court for a domestic violence order. If the violence is being committed by someone who is not in a family or domestic relationship with the patient, the patient can apply for a personal violence restraining order.
Further information is available at:
Queensland
The patient or the police or an authorised person such as a friend, relative or community work (on the patient’s behalf) can apply for a domestic violence order (protection order). This covers intimate personal relationships, family relationships and informal care relationship (where one person relies on another for daily living).
Further information is available at:
South Australia
Police, on behalf of the patient, can either issue an intervention order if grounds to do so and the perpetrator is present or in custody, or they can apply to the courts. A patient, or someone on their behalf, may also apply for an intervention order to the courts directly.
An interim intervention order may initially be issued, after which it may be confirmed by the magistrates’ court.
Further information is available at:
Tasmania
Patients can seek a family violence order (FVO) or restraining order with assistance from the police, legal aid commission or court support and liaison service.
More information is available at:
Western Australia
For cases of both domestic or family violence and assault, patients can apply for a restraining order at the Magistrates’ Court, or the police may be able to do this on the patient’s behalf. The police can also impose a police order, which is a temporary form of restraining order that can be put in place while the restraining order is applied for through the courts.
Further information is available at:
Victoria
There are two types of intervention order in Victoria. A patient may apply for a family violence intervention order or a personal safety intervention order where the perpetrator is not a family member. The Magistrates’ Court of Victoria provides useful information about taking out these intervention orders at:
Victoria Legal Aid has booklets available for download regarding the law and sexual assault or family violence on its website. There is also further information about both types of intervention orders, available at: