Family Violence in Australia: The Legal Response

This exceptionally useful book is a successor to Domestic Violence in Australia: The Legal Response (3rd edition) and explains the wide range of legal remedies and related responses to family violence in different legal contexts. There is no other book in Australia that looks at family violence in such depth and in its various legal and allied dimensions.

The book begins by describing the different types of family violence, and the causes, risk factors and consequences of, and community attitudes to, family violence. Alongside this introduction, is a handy list of specialised services and supports for helpers dealing with families affected by family violence.

The book then moves to its primary focus and comprehensively outlines the different family violence legislative frameworks/schemes and orders applicable in each Australian State and Territory, including remedies, definitions, who can apply, criteria for obtaining orders, duration, variation, portability, breach, procedure and forms, and importantly, details of ongoing reviews and proposals for reform.

Because family/domestic violence orders are a hybrid of law – they are obtained on the civil standard of proof but attract criminal sanctions if breached or contravened – the book discusses criminal law and the criminal process, including police powers, various criminal offences (such as homicide) and sentencing.

In addition, the book discusses family law and procedures for protection under the Family Law Act 1975 (Cth), including the relevance of family violence in parenting matters as well as in financial and property matters. There is also information on other remedies such as the peace complaint, injunctions and compensation for injuries sustained or property damage.

Although Australia has national campaigns and organisations working to combat family violence and support those affected – victims/survivors and offenders/perpetrators alike – the legal responses are fragmented. This book highlights the need for a systematic and integrated uniform response to family violence across all States and Territory borders.